Showing posts with label Legal. Show all posts
Showing posts with label Legal. Show all posts

Tuesday, January 8, 2019

Claim Jumpers Gold Mining












Many of us have visited Columbia State Park, or visited the Gold Country and have the historical knowledge of the Gold Rush and those who sought Gold, and know the Old Saying is a there is Gold in Them Hills. “Eureka”
Mining Camps were established from Nevada City to Mariposa and beyond. Placerville, Angels Camp, Columbia, Sonora grew overnight.
Dozens of men entered the Tuolumne County Superior Court in Sonora, without picks and shovels many with heavy leather boots, flowing beards and they wanted Justice
It seems these modern day minors were there to support their fellow miners in the injustice of a Modern Day Claim Jump
The two groups were equally divided and the Superior Court was wise’in sending this to Mediation.
Each group chose a spokesperson and there were a Plaintiff and Defendant.
The large group settled in on the 2nd floor of the Historic Court House
In Mediation each claimed they had the right to mine the Jack Ass Hill Acreage.
Each claimed they had the “Golden Ticket” issued by the Government to make claim and enrich themselves.
The Claim Jump was a first for the Mediator and in the end, after time and effort, the miners thought it would be best to send it back to the court for a decision by the Judge.
So each side will present evidence for the court to review and a decision will be made on the facts.
In the 1800's a different course would have developed among those miners and today the value of Laws and a Judicial System are in place.
As the Mediator, I enjoyed those men, the passion for Justice and I have a better understanding of the lure for Gold and Claim Jumping.



































Jim W Hildreth-Mediator www.RealEstateMediation.org

Thursday, December 13, 2018

Settling Real Estate Disputes Long Distance via Mediation




I'm often asked if I travel beyond my home of Sonora for Real Estate Disputes.

On a regular basis, I travel to the San Francisco Bay Area, including San Jose, Oakland, Emeryville.

Upcoming is an Oakland Mediation, with the dispute being orginated in Sacramento.

I just completed Mediations in Vallejo and Auburn.

In 2018, I travelled to the Sacramento region 8 times.

Travels have taken me to the Northern part of California, Eureka and today was asked to mediate in  Redding.

I like travelling, as I have no conflicts of interest and I can wear my neutral hat. In other words, I know none of the parties or legal counsel.

Another alternative that expands my mediation circle is ODR  or Online Dispute Resolution, which I have done internationally and states beyond California.

My most long distance was a 3-way mediation from Sonora, San Jose & India, with a 12.5-time difference.

The online offers a cost-effective alternative and is especially valuable with claim adjusters or legal representatives.

The fee's that we offer for long distance are reasonable and cost-effective, compared to Arbitration or litigation.

More information on Mediation and services is offered at

Real Estate Mediation Services








































Jim W Hildreth-Mediator www.RealEstateMediation.org

Thursday, December 6, 2018

California Landlord & Tenant Rights

12/06/2018


In California, every Landlord and Tenant have rights and responsibilities, and often we see in small claims court what goes wrong when claims are made on those Rights and Responsibilities

01. Leases and Rental Agreements
02, Security Deposits
03. Issues over maintenance & repairs.
04. 3-30-60-90- day notices.

Understanding those rights and responsibilities is key to both the Landlord and Tenant.

In hundreds of cases that I have experienced as a Mediator, these conflicts on both sides would not have occurred if the parties more fully informed about Landlord Tenant Law.

A good understanding and foundation for both the landlord and Tenant are the NOLO Series of books that are written in plain English.

Two of the books that I recommend are The California Landlord Law Book and the other California Tenant Rights,

These books can be purchased at your local bookstore, order online and are often available at your local law library.

Hint, Hint, Christmas is coming.

One dispute that comes up often is the condition of the rental unit. Damages such as torn carpet a broken appliance, window,

Before moving in complete a Move-In Inspection and when vacating a Move- Out Inspection.

Take the extra step and take photos. of your unit.  Easy with a cell phone.

Often what comes up is the question is what is reasonable wear and tear?

Knowledge of deposits is a must.

My landlord advice is that you are running a business.

As a tenant, you have rights of privacy and a rental that is safe, secure and habitable. Do you have working smoke and carbon monoxide detectors? Has the landlord given you the notice about Bed Bugs?

As a Landlord, there is a duty to know the law and as a tenant, there is a duty to pay your rent and abide by your tenancy agreement.

Many California Courts us Mediation as a required first step to settle differences.

In conclusion, know your rights and responsibilities.

Be a good landlord, be a good tenant.


Jim W Hildreth is a California Real Estate Mediator and Paralegal who's. focus are issues with Real Estate.

Real Estate Mediation Services

Wednesday, December 5, 2018

Don't Let The Bed Bug Bite You


There is an old saying that you may have heard.


Don't Let The Bed Bugs Bite You.

As a California Landlord, you may be interested in knowing that as a Landlord
you are required to disclose in writing, general information about Bed Bug and
along with the procedure that the tenant must follow to report suspect infestations to you.

As of July 1st, 2017 the Bed Bug disclosure was required prior to creating a new tenancy, this requirement would include single-family homes that you rent along multi-family units such as Duplex, Triplex.

Starting January 1, 2018, California Landlords were required to give the written disclosure to all your existing tenants.

Cal.Civ.Code 1954.600 et Seq.

















Jim W Hildreth-Mediator Para-Legal
Real Estate Mediation Services

Sunday, November 25, 2018

Mediation Question?

As a Mediator I'm often asked if you live in Sonora, do you Mediate outside of the Gold Country?

The answer is yes, the bulk of my Mediations are in the San Francisco Bay Area and most often in Oakland.

In 2018 I have traveled to Eureka, Sacramento, San Jose, Jackson, Placerville, Vallejo and cities between.

My travel is often a plus, as a Neutral  as I have no conflicts of interest.

This week I will be in Auburn and then return to Oakland

Recently I settled a dispute that had been litigated since 2011 for the City of Ione.

Yes, we will travel to your location.

Call (209) 536 1103

Thursday, August 13, 2015

Small Claims Court California

Having a dispute? One can file a claim up to $10,000 in California Superior Courts.

Types of Disputes Real Estate, Landlord Tenant, vendor- vendee, money owed

One can visit the local court and often under forms file a simple application for your dispute.

Need assistance with your forms, courts often have a self help center, or check with a local legal document assistant.  CALDA offers online legal document assistants.

Always consider asking the court for the availability of Alternative Dispute Resolution or
Mediation.

Jim W Hildreth Mediator

Real Estate Mediation Services

Friday, November 14, 2014

California Association of Realtors

Jim W Hildreth Mediator was appointed by the California Association of Realtors to serve on the newly formed mediation panel known as Mediation Center.

Hildreth's focus is disputes involving real estate, with buyers, sellers and the real estate community.

As an experienced mediator, the goal is to provide excellent service to the communities of California and allow parties to craft a solution vs. litigation.

Hildreth has offices both in Oakland and Sonora, CA.

Real Estate Mediation Services

Friday, December 31, 2010

Mummified Cat Mediation Sonora, CA

In what has been dubbed Tuolumne County’s “most bizarre custody dispute,” a court battle over a mummified cat was resolved Thursday for $1 after months of contention and a trial of nearly four hours.

In the case of one-time tenant Christine Tuohy vs. former landlord Thomas Renkel, Court Commissioner Kim Knowles ruled in favor of Renkel regarding the custody of Bast, the cat that had fallen into posthumous fame.

Mediation proceedings, begun at 8:30 a.m. Thursday, had collapsed, putting ownership of the cat in Knowles’ lap.
The decision was meant to settle months of conflict over the corpse, which escalated to the point that Renkel called the Sonora Police Department to finger Tuohy for the dead cat’s theft.
Even with the question of ownership decided, however, Bast’s fate was still up in the air until a last minute mediation put it in the hands of a third party that, until then, hadn’t been involved in the case at all.
First, some background.
Bast, named by Tuohy after an Egyptian cat-god, tumbled into the future adversaries’ lives by accident in June 2008.
Tuohy was planning to move from Reno to Sonora and had made plans with Renkel to rent space in the historic Yo-semite House on North Washington Street, part of which was to be renovated before she moved in.
Renkel was investigating a burst pipe which had caused damage to part of the building. He directed a crew to cut away a piece of ceiling to expose another pipe he believed to be in danger of rupturing.
“We did not find a pipe,” Renkel said. “What we did find was the cat. It fell onto a worker. Gave him quite a shock.”
Not surprising, since Bast is anywhere from 10 to 130 years old, depending on whom you ask. The desiccated cat carcass is a pale yellow with tattered ears and a gaping maw.
It’s still a little smelly, Tuohy said, but Renkel took a shine to the creepy thing, and displayed it outside on the stoop during the renovation process.
The grand opening of Tuohy’s Blue World Photography was set for Oct. 31. When she saw the creature soon to be known as Bast, she asked if she could display it, since scary cats and Halloween were like a match made in Grimm’s Fairy Tales.
This is where the stories differ. Tuohy claims that Renkel was about to throw the cat away when she saved it from a fate worse than its own death — the garbage.
Renkel maintains that the cat’s well-being was always at the forefront of his mind, and that he’d merely lent the ghoulish thing to Tuohy.
In Tuohy’s opinion, she made that cat a star, creating a media campaign that dubbed Bast “the Amazing Cat Mummy.”
She even took it to the California State Fair as part of the Wild and Whacky exhibit, and set up a Facebook page in Bast’s honor.
It took up seemingly permanent residence in Blue World Photography. The fate of the cat didn’t come up again until Renkel evicted Tuohy from the building, a matter which also came before the court on Thursday.
“Suddenly, after two years of not wanting it, he wanted it back,” she said.
When she refused to return the freakish feline, Renkel reported it stolen.
“And you’re not willing to give it back to him at this point?” Knowles asked.
“This is going to sound strange, but I don’t think he’d take care of it like I have,” Tuohy responded.
In Knowles’ view, the cat case was pretty cut and dry.
“The court finds that you are the owner of that cat. It was in your building, it’s your cat,” Knowles told Renkel.
The trouble was that Renkel had sued for possession of the cat claiming its worth at $1,000, a position that Knowles couldn’t support.
“How do you value the mummy cat?” she asked.
Lacking any way to assign value to do so, and being forced by California law to offer a conditional settlement, Knowles had little option but to apply a “nominal value” to the thing, assigning Bast the going rate of $1.
Tuohy thus had the option of returning the cat or paying Renkel $1 to retain possession of her treasure.
When Tuohy reached into her purse and gave Renkel a buck, the case was settled in the eyes of the court.
Yet it went one step farther.
Mediator Jim W Hildreth stepped in, and, after almost four hours of trial, Tuohy and Renkel agreed to do what they’d reportedly been kicking around all day: offer the creature up to the Tuolumne County Museum.
No representative for the museum was present to accept, or reject, the gift.

Tuolumne County Superior Court Sonora, CA 95370


Sonora, CA 95370
Originally uploaded by JimHildreth
Yesterday, I was honored to work as a mediator over a dispute involving a Landlord-Tenant issue.

The dispute lasted over 7.5 hours and much of my appreciation goes to the parties on both sides.

Much further goes out to the Tuolumne County Superior Court and staff, in their dedication in supporting the process of having your day in court.

The court shows respect, honesty and warmth to those with conflicts.

As a mediator, who's focus is real estate disputes, its a honor to work with such a professional team of dedicated individuals.

Jim W Hildreth Mediator.

Friday, October 22, 2010

Alameda County Bar Association

Jim W Hildreth of Real Estate Mediation Services completed continuing education on Real Estate Hot Topics in Oakland, CA. The class was centered around a Court of Appeal Real Estate case Holmes v Summer whether California Real Estate Brokers representing a seller of residential real estate are under an obligation to the buyer of that property to disclose that it is over ecumbered and cannot in fact be sold to them at the agreed upon purchase price unless the either the lenders agree to a short sale or the seller deposits a whopping $392,000 in cash into escrow to cover the shortfall. This case should be a concern to brokers, salesmen and the general public especially in this period of rampant foreclosures and short sales.

Hildreth's practice has a focus with real estate disputes.

Thursday, May 13, 2010

"Woodfall's Law of Landlord and Tenant"

The young couple had been renting from the landlord for several years, the landlord offered them a opportunity to relocate to the family home as they were going to rent the home for several years as the market was depressed.

The landlord encouraged the husband and wife to take an active role in the remodeling that included painting, refurnishing the hardwood floors.

The couple jumped at the opportunity and spent hundreds of hours in transforming the home.

Words were used such a lease option and your time will be worth your extra efforts.

The home was in the best shape in decades and the home was shining with its new look.

The couple was weeks away from moving in and the landlord dropped a "bombshell" on the couple.

The landlord announced, the home had been sold.

To add insult to injury the couple was served with a 60 day notice to vacate their present home as that property was going to go on the market.

The double blow seems unreal.

An attorney for the tenant couple was prepared to file litigation.

The couple stated they had trusted the landlord and went against their own judgment to have something in writing.

The lesson is that its always best to put things in writing and form an agreement.

If a problem does occur, it will add weight as to the intent of the parties.



Jim W Hildreth is a Real Estate Mediator

Tuesday, April 13, 2010

Deposit Dispute

April 13 2010

Jim W Hildreth Mediator of Real Estate Mediation Services was asked to
mediate a dispute over a deposit between buyer & seller.

The Bay Area Buyer was in escrow to purchase a out of state property and
the seller has refused to return the buyers deposit.

Progress is being made with open communications between the parties.

Hildreth's offers Mediation centered around real estate disputes in Northern California.

Sunday, April 11, 2010

Real Estate Dispute



April 11 2010 by Jim W Hildreth Mediator


Real Estate Disputes comes in all shapes and sizes.


The landlord tenant dispute over owed rents, non -disclosure over leakage in a basement, a partnership

dispute on a business transaction or two peope living with one another.


Disputes often come about on poor communication or the lack of communications between the parties.


Simply we have a new generation that may be great with testing, e-mail, but they have forgotten that often its as simple as picking up the telephone.


"My rent will be late, can I make an arrangement with you ?"

"Should I disclose or not disclose that the property fronts a railroad track, its ovious"

"We will be breaking up, who will pay the mortgage?

"The property has annual water seepage only during the winter, should we disclose?"


Often when a dispute occurs it will fester and often the realty today is the next visit is with an attorney.

Today our courts are crowded, they are expensive and time consuming and stressful.


Many states including California have Dispute Resolution as an alternative to litigation. It is broken down to

Mediation & Arbitration.


Mediation in fact does often resolve disputes, if the parties are willing to compromise and listen to one another.


Mediators can be found with a simple serach such as Google or Yahoo for Real Estate Mediation, Real Estate Mediation Services.


Another good national site is http://www.Mediate.com


If your in a dispute, talk to your broker, attorney or legal hot-line about ADR Alternative Dispute Resolution.


Mediators are neutrals and do not take sides or positions, however they have been trained to guide and assist in conflicts.


Jim W Hildreth is a California mediator who's prime focus is disputes involving real estate, he works closely with the real estate and legal community and is both a private and court appointed mediator.


His website is htt://www.RealEstateMediation.org

Wednesday, March 24, 2010

Family Real Estate Dispute

The Bay Area Family moved to the California Foothills, they purchased their dream home on acreage.

As time passed they offered their daughter and son in law a site on the 7 acre parcel for building their dream home.

They became neighbors.

As time passed, neighbor to neighbor issues developed, abandoned vehicles, excessive animals, the borrowing of funds to finish the house.

The daughter and her husband talked of a divorce.

The last five years have not been kind to those in the construction-real estate industry and values of real estate in the central valley have seen major price adjustments.

The home is presently worth less than what is owed.

Legal counsel was sought and the attorney has suggested mediation vs litigation.

Jim W Hildreth of Real Estate Mediation Services will serve as the neutral mediator among the family members.

Mediation is an alternative to litigation, it is private and confidential.

"Preserving family relationships" may also play a large role, says Hildreth.

Jim W Hildreth is a Mediator who's focus is dealing with real estate disputes.

Berkeley CA Real Estate Dispute

The Berkeley California residents had lived in their Berkeley residence for decades.

The charming vintage home is a classic, close to the university and over many decades
the owners completed upgrades with attention to detail and craftmanship.

The owners dreams to live the country life of open land, cattle and ranching were apart of their life plan.

They placed their home For Sale and the market produced multiple buyers. The ultimate buyers completed and reviewed disclosures and closed the transaction.

As the first winter came, mystery water turned the basement from seepage to a lake.

The Buyers and Sellers agreed that a voluntary real estate mediation was going to play a role in their dispute over excessive water intrusion.

Jim W Hildreth, of Real Estate Mediation Services was asked by the parties to act
as the "Neutral", prior to taking any steps towards litigation.

Hildreth was chosen as an experienced Mediator with decades of real estate experience.

The parties met for 5 hours and the lines of communication have been opened for consideration of a settlement.

Mediation does work, if the disputants are willing to listen, compromise and not take hard line positions.

Mediation is an Alternative Dispute Resolution and often can resolve difficult issues such as real estate, family issues, partnerships, easements and other real estate matters.

Mediation is both private and confidential.

Many Superior Courts in California have adopted Dispute Resolution.

Alameda County Superior Court has a active Alternative Dispute Program.

If your having a dispute talk to you Attorney about Mediation/Arbitration.

Jim W Hildreth Real Estate Mediation Services are offered in the Bay Area, Central Valley & Mother Lode.

Monday, March 1, 2010

Classic Berkeley


Classic Berkeley
Originally uploaded by JimHildreth
Berkeley CA homeowners have requested the Mediation Services of Jim W Hildreth of Real Estate Mediation Services to act as a neutral over a dispute involving non-disclosure.

Hildreth's specialty is disputes involving California real estate. The sellers and buyers have chosen mediation vs litigation.

Wednesday, February 3, 2010

Hong Kong 香港


Mediation in Hong Kong

December 10, 2009

By Alfred Ip, Partner at OLN and CEDR Accredited Mediator

From 1st January 2010, the court will require parties to civil proceedings to consider using mediation as an alternate means to settle their dispute. The court will require the parties to justify their decision in case they refuse to attempt mediation, failing which adverse costs order may be made against that party, irrespective of the outcome of the litigation.

The court also put the burden on the parties’ legal representatives to advise their clients properly on mediation, as early as possible. In fact, good lawyers in dispute resolution should be in a position to advise their clients of various ways to resolve a dispute. Civil proceedings should not be the only way to resolve disputes among parties in the modern era.

Mediation provides a platform for parties in dispute to discuss their issues in dispute in the presence of a trained and impartial mediator. The role of the mediator is to direct the parties to look at the future, and assist the parties in identifying their needs, in order to explore the alternatives available to the parties in resolving the disputes.

Mediation trumps over court proceedings in many ways:

1. Mediation is less expensive compared with litigation, because of the time involved.

2. The process of mediation is much quicker compared with court proceedings. Mediation can take place within weeks, while court proceedings often go on for years.

3. Some of the disputes and grievances arise out of the parties’ misunderstandings. Through dialogue, parties can be in a better position to understand their respective points of view, and the parties’ ongoing relationship can be saved through clearing such misunderstandings, which is less likely to be achieved through court proceedings.

4. Any resolution made at the end of the mediation would be made by the parties themselves, instead of a third party’s decision imposing on the same.

5. As the outcome is controlled by the parties, parties can tailor their agreement according to their wishes or their situation, and achieve an outcome which may not be achievable through court proceedings.

6. Parties are less likely to be aggrieved by the outcome of the mediation, which is agreed by the parties themselves. The problem of prolonged appeal process would not arise.

7. Parties who mediate their differences are able to attend to the fine details of implementation. Negotiated or mediated agreements can include specially tailored procedures for how the decisions will be carried out. This fact often enhances the likelihood that parties will actually comply with the terms of the settlement.

8. The mediation process, and the end result of the same, is private and confidential, whereas a judgment in court proceedings is often a public record. What the parties discussed throughout the mediation process cannot be used in any court proceedings, thus the parties are at liberty to voice their standpoint freely.

The Law Society of Hong Kong and the Hong Kong International Arbitration Centre both maintain a panel of mediators for the parties to choose, while the Centre for Dispute Resolution is the most influential non-profit mediation body.



ReplyReply

Thursday, January 14, 2010

Alameda County Bar Association

Jim W Hildreth Mediator has completed continuing education on California Department of Real Estate Enforcement Issues, Foreclosure Consulting, Short Sales and Related Issues.

The event was held January 13th, 2010 at the Alameda County Bar Assoication in Oakland CA,

Hildreth's specialty are disputes involving real estate.

Thursday, December 31, 2009

Mediation Private, Confidential, Flexable , Informal

Mediation is private and confidential, flexible and informal.

Typically, it is concluded expeditiously at moderate
cost. The subject matter can be complex or simple, the
stakes large or small, the number of parties few or many.

The process typically is far less adversarial than litigation
or arbitration, and therefore less disruptive of business
relationships.

Since other options are not foreclosed if
mediation should fail, entering into a mediation process
presents few risks.

Frequently cited advantages of mediation include:

• Substantial cost savings
• Promptness of resolution
• Creative, business-driven solutions
• Control over the outcome
• Preservation of business relationships
• Privacy and confidentiality



Jim W Hildreth-Mediator
(510) 647-3600
www.RealEstateMediation.org

Breaking Up is a Challenge.

Breaking up can be a challenge for any couple. married or not.

What to do with jointly held real estate, the challenges of having different equities.

Who makes the payments? What if one of the parties stops paying the mortgage.

How does negative credit impact future borrowing to start over.

Who keeps the animals. Who pays for feed and veterinary care?

What happens if a partner has lack of funds to buy the other partner out.

Each of these conflicts can be apart of making a transition.

Each of these conflicts may occur in a breakup and as a mediator need to be
discussed to bring about resolve.

Mediation with a neutral who is trained and skilled can open doors in these phase of life issues.

Trust, honesty and listening skills and knowledge of real estate are ingredients
for successful dispute resolution when owning real estate jointly.

Mediation can play an important role vs litigation.

Jim W Hildreth is a Northern California mediator who's focus is disputes involving real estate.






Jim W Hildreth-Mediator
(510) 647-3600
www.RealEstateMediation.org