1 Orange County Mediator William J. Caplan has been mediating on a fulltime basis since He is of counsel with Rutan & Tucker, LLP, Orange County s most prestigious full-service law firm. Mr. Caplan has received Mediation Certificates from Harvard Law School (2004), Pepperdine University Straus Institute (2002) and the Center for Community Mediation (1993). Mr. Caplan acts as Temporary Judge for the Orange County Alternative Dispute Resolution program (since 1988), Los Angeles County Alternative Dispute Resolution program (since 2001) and Riverside County Alternative Dispute Resolution program (since 2001). Education U.C.L.A. School of Law, (J.D., 1978) Class Rank: Top 15-20% American Jurisprudence Award: Evidence U.C.L.A. (B.A., 1975, Dean's Honor List) Political Science Certificate - Straus Institute for Dispute Resolution, (36 hour program -2002) Mediation Certificate Center for Community Mediation (25 hour program ) Certificate: National Institute of Trial Advocacy ( N. I. T. A. ) Advanced Program (1984) Memberships/Admissions State Bar of California United States District Court, Central and Eastern Districts American Bar Association Orange County Bar Association Community/Affiliations Volunteer - Orange County Superior Court Law & Motion and Settlement Conferences since 1988 Adjunct Professor Chapman University School of Law (August ) Orange County Bar Association - Court Affiliated Civil Mediation Panel (1998) Awards & Honors Wiley Manual Award for Pro Bono Legal Services (1992) Mr. Caplan has mediated more than 700 disputes and has an excellent track record of successful mediations. He is an author and lecturer on the subject of mediation. He has consistently enjoyed Martindale-Hubble s highest rating, AV. Mr. Caplan will serve as Adjunct Professor at the Chapman University School of Law, instructing Second and Third Year law students on "Mediation," commencing in August of Mr. Caplan graduated high in class standing from the U.C.L.A. School of Law in He was a Rutan & Tucker trial partner for 15 years having joined the firm in Mr. Caplan s 22 years of civil trial practice emphasized the following subject areas: Real Estate Business Construction contracts and administration Landslide and subsidence Insurance policy interpretation and bad faith Internet contracts Printing industry disputes Partnerships and fiduciaries Mr. Caplan s main practice emphasis was in real estate litigation, including disputes over the following: Commercial landlord/tenant Shopping centers Ground Leases Office Buildings Industrial Parks Reciprocal Easement Agreements Acquisitions
2 Valuations Options Toxic Conditions and Contamination Homeowner s Associations Broker s Compensation Fixtures Mr. Caplan s mediation practice runs the gamut of civil litigation, including business and real estate disputes, insurance coverage and interpretation cases, employment disputes, construction defect and performance lawsuits, and product defect and injury cases. He believes that his recent litigation experience gives him a decided advantage in mediating disputes. Discourage litigation. Persuade your neighbors to compromise when you can. Point out to them how the nominal winner is often a real loser in fees, and expenses, and waste of time. As a peace maker, the lawyer has a superior opportunity of being a good man. - Abraham Lincoln Publications/Seminars: Panelist and Contributing Editor (1988), Rutter Group Commercial Landlord-Tenant Litigation (1983, 1985, 1988 and 1993). Lecturer-Mediation 101, Rutan & Tucker LLP Continuing Education, 2001, Lecturer-Fear and Loathing In Mediation, or How to Become A Gonzo NegotiatorRutan & Tucker LLP Continuing Education, 2005 The Joy of Mediation, Orange County Lawyer (Dec. 2002) Mediation is Confidential, Not Exactly, Orange County Lawyer (March 2003) The Quick Brown Lawyer Jumped Over the Mediation Traps, Orange County Lawyer (January 2005) Summary of Recent Significant Matters as Mediator: Dispute between managing member and minority member over real estate LLC development projects. Employment dispute involving management employee s posttermination compensation and cross-claim over manager s pretermination activities. Lawsuit and cross-action between buyer and seller of internet business. Law partnership dissolution dispute.
3 Contract dispute between mortgage loan brokerage firm and mortgage lender. Dispute between Owner and Developer under Development Services Agreement. Adjoining real property owners dispute. Public works/school District contract dispute. Medical building construction defect suit. Adjoining Homeowner Associations Easement/Maintenance Dispute International distribution agreement dispute Trademark dispute involving manufacture and sale of line of golf equipment Multi-party hotel renovation personal injury lawsuit Industrial building construction dispute Equipment loan guarantee litigation Hospital purchase and sale dispute Resort property construction dispute Wrongful death lawsuits Personal injury claim involving improperly installed motorized gate. Newport Coast real estate purchase and sale lawsuit. Dispute between co-ventures regarding construction and sale of residential development. Employment claims dispute involving closure and resale of hospital. Multiple personal injury lawsuits. Mediation References: Honorable David Thompson; Orange County Superior Court Donald Hamman; Stradling, Yocca, et. al. Randall G. Sommer, Esq.; Munger, Tolles, etc. Steven T. Graham; Snell & Wilmer James A. McQueen; McQueen & Ashman Daniel Fears, Payne & Fears Roger Bellows; Lewis, Brisbois, et. al.
4 Roger Franks; Jackson, Demarco, et. al. Sally Schubert; Kinkle, Rodiger, et. al. Stephen Thames; Allen Matkins Robert Adel; Greenberg Traurig, LLP John Janacek; Newmeyer & Dillion Michael A. Hood; Paul, Hastings, et. al. Mitchell Kaylor; Ford, Walker. et. al Scott Carpenter; Palmieri, Tyler, et. al. Stephen S. Cohn; Berger, Kahn, a law corp. Christopher Clark; Fingal, Fahrney & Clark Dennis D. Miller; Stein & Lubin, LLP Todd Toral; Reed Smith David Van Riper; Van Riper Law Firm Lily Chow; Freisleben, Picker & Chow Summary of Significant Matters as Litigator. $100,000,000 dispute between Internet provider and Internet portal operator for breach of contract. $50,000,000 dispute between City and 73 sets of homeowners, insurers and other intervenors in landslide/subsidence action regarding San Clemente development. 12,500,000 lease dispute between investment trust and international conglomerate. $12,000,000 lawsuit between international real estate developer and Donald T. Sterling regarding alleged interference with contract involving prime Newport Beach condominium development project. $10,000,000 dispute between 40 sets of homeowners, and developer, lenders, contractor and subcontractors based on construction defects in a housing tract built in Orange, California $9,600,000 breach of fiduciary duty dispute between minority member and managing member of LLC regarding managing member s sale of the LLC property $7,500,000 dispute for specific performance and damages involving a 20 acre parcel in San Bernardino, California $5,000,000 wrongful death/auto lawsuit between plaintiff and civil engineering defendant accused of negligent design of drainage system for roadway
5 $5,000,000 action for specific performance and damages regarding seller s alleged breach of contract to sell parcel of property to national discount warehouse retailer $3,000,000 dispute between managing member and minority member for managing member s diversion of partnership opportunities in two Las Vegas area shopping centers $2,000,000 dispute between manufacturer and insurer for business interruption against insurer that denied coverage under policy arising out of business shut down based on delivery of contaminated product by manufacturer's sole supplier $2,000,000 breach of fiduciary duty disputes between investors in real estate limited partnerships against shopping center syndicator based on claims of non-disclosure of material facts regarding failed shopping center investments. $2,000,000 dispute between office building owner and lessee/lender regarding obligation to replace dilapidated capital improvements. $1,000,000 insurance bad faith lawsuit over insurer s refusal to pay on fire insurance policy Declaratory relief action regarding interpretation of ground lease rental adjustment provision regarding Lake Forest shopping center. Reversal of judgment by shopping center developer against commercial business operator and recovery of restitution for value of destruction of business Reciprocal easement dispute between an Orange County real estate developer and a national hardware big box chain regarding obligations under a development agreement Dispute over valuation methodology (inclusion or exclusion of 20 years of infra-structure built by ground lessee) for 200 acre parcel in Fallbrook, California Dispute between national restaurant tenant and regional shopping center owner regarding covenant precluding shopping center owner s construction in parking area and restrictive covenant against competing uses Dispute between landlord/owner of retail parcel against national chain lessee for specific performance of a build to suit lease Dispute between landlord and tenant for termination of longterm car wash lease based on leaks in gasoline storage tanks, claimed inadequate remediation efforts and violations of law Dispute between shopping center buyer and seller regarding failure to disclose tenant s ten-year option to extend lease at below market rent
6 $500,000 construction defect lawsuit regarding owner-builder s failure to construct custom home in conformity with builder s standard of care $450,000 construction dispute regarding owner s failure to execute change orders and pay for extra work under bridge construction contact Numerous shopping center/industrial lessors actions for breach of lease and for prejudgment writ of attachment after lessees abandonment of leasehold premises Injunction dispute involving landlord s efforts to restrain national chain jewelry store tenant from discontinuing operations in violation of continuous operations lease provision Commission disputes between commercial broker and national chain retailers (three separate cases.) Dispute between landlord and tenant/manufacturer of industrial building based on non-payment of rent and failure to dispose of hazardous materials Dispute between ground lessor and ground lessee regarding appraisal methodology, whether shopping center should be appraised as a whole or several individual odd-shaped parcels Dispute between shopping center owner and national lender regarding the reasonableness of lender s withholding of consent to a proposed amendment to a ground lease, based on interpretation of a non-disturbance, subordination and attornment agreement Several disputes between parties to reciprocal easement agreements regarding rights to build or make other changes within common areas of shopping centers Dispute between owner and lessee regarding rights in radio transmission tower Dispute between investors in a real estate partnership against a national title insurance company/escrow company based on claims that escrow improperly distributed proceeds of sale of condominiums to managing partners contrary to the vesting instructions given to escrow Dozens of eviction actions based on non-payment of rent and other lease charges Numerous disputes between landlords and tenants regarding landlords/tenants obligations to repair leasehold property and to restore property at lease expiration Several disputes between landlords and tenants regarding the accuracy of tenant s reporting of gross sales for purposes of percentage rent calculations
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