Michael P. Carbone, Esq.
EDUCATION
B.S., J.D., University of San Francisco; Member, Law Review and
McAuliffe Honor Society.
LEGAL BACKGROUND
Clerk for Honorable Preston Devine, California District Court of Appeal,
1966 67. Admitted to practice before state and federal courts in
California and the Supreme Court of the United States.
Private practice of law, 1967 2004. Partner in the law firms of Jordan,
Lawrence, Dawson & Carbone, Zankel & Carbone, Zankel & McGrane, and
Wendel, Rosen, Black & Dean, LLP. "AV" rating from Martindale Hubbell.
Practiced in most fields of civil law, primarily real estate, business,
construction, corporate, partnership, securities, employment, and trust
and estate.
Litigation Practice
Handled trials and appeals in most of the fields identified above.
Significant cases included:
• Briefed and argued the appeal in Transamerica Title Insurance Company,
Inc. v. Green, (1970) 11 Cal.App.3d 693, 89 Cal. Rptr. 915, 44 ALR3d
543, which established for the first time in California that the failure
of a notary public to obtain identification from the signatory to a
document was negligence per se.
• Represented The Gypsum Association in the Gypsum Wallboard Antitrust
cases, which resulted in the largest civil settlement at that time in a
price fixing case, obtaining a dismissal of the client on summary
judgment.
• Successfully defended an architect against a claim for malpractice in
the preparation of an estimate for major renovation of a downtown office
building in San Francisco.
• In Consumers Distributing Company Limited v. E.T. Hermann et al.
(1991) 107 Nev. 387, 812 P.2d 1274, 13 ALR5th 951, successfully appealed
a high six figure judgment against the tenant in a commercial lease
case.
• Represented the property owner in Leppo v. City of Petaluma (1971) 20
Cal.App.3d 711, 97 Cal.Rptr. 840, which held that in the absence of an
emergency a city may not physically abate an alleged public nuisance
without first affording the owner minimum administrative due process.
• Represented a private university in the case of Paulsen v. Golden Gate
University (1979) 25 Cal.3d 803, 159 Cal.Rptr. 858, which was a breach
of contract case brought by a student who failed to earn a law degree.
Following adverse decisions in the Superior Court and the District Court
of Appeal, successfully appealed to the California Supreme Court.
• Represented the same client in a wrongful termination lawsuit brought
by a faculty member who failed to achieve tenure, resulting in a
mediated settlement at a time when mediation was first being used to
settle lawsuits.
• Successfully defended a major retail chain in a consumer fraud action
brought by the purchaser of a diamond ring.
• Defended a real estate syndicator in an action for violation of
federal securities laws.
Commercial Real Estate and Construction Law
Represented owners and developers of commercial real estate in complex
purchase, sale, financing and other transactions. Noted for expertise in
commercial leasing, represented both landlords and tenants in the
negotiation of thousands of commercial leases over a period of more than
thirty years, primarily involving complex shopping center and other
retail leases, as well as ground leases.
Represented owners, contractors, subcontractors and design professionals
in the negotiation of design and construction contracts and in the
litigation and resolution of various kinds of construction disputes,
including claims for breach of contract, construction defects, and
enforcement of mechanics’ liens and stop notices.
DISPUTE RESOLUTION EXPERIENCE
25 years experience as a neutral, including full-time practice since
2004. Has served as arbitrator, mediator or referee in most of the
fields in which he practiced law and has handled more than 400 cases,
including many large and complex matters.
Independent arbitrator, panel member with the American Arbitration
Association, and securities arbitrator with the NASD and FINRA from 1985
through 2006; currently an arbitrator with ADR Services, Inc. and with
the American Arbitration Association, including the Commercial, Real
Estate and Construction Panels. Has acted as either the chair or sole
arbitrator in virtually all cases.
Independent mediator from 1994 through 2006 and with ADR Services, Inc.
since 2007.
The following cases are representative:
• Chaired AAA panel arbitrating a high six figure wrongful termination
claim brought by an executive of a mortgage loan brokerage company.
• Served as the neutral arbitrator on a panel hearing a dispute between
a national bank and its landlord concerning interpretation of the lease
and determination of rent.
• Chaired an NASD arbitration of claims by a customer against a national
brokerage firm for fraud and mismanagement of the customer’s account.
• As court-appointed referee in two complex partition cases involving
the same owners, heard and decided issues arising from contested
accounting of income and expenses and breaches of fiduciary duty;
determined values of two parcels of real estate (including a San
Francisco apartment house and a residence and vineyard in Sonoma
County), enabling the owners to buy each other’s interests in the
respective properties and thereby conclude partition by appraisal of
both properties, collectively worth several million dollars.
• As court appointed referee in another complex partition case involving
three parcels of investment real estate worth several million dollars,
heard and settled accounting of income and expenses, oversaw a partition
in kind of a condominium building and sold the other two parcels.
• Settled a lawsuit for breach of a multi-million contract to purchase
an office building in downtown San Francisco by facilitating a
negotiated modification of the contract and the closing of the sale.
• Arbitrated and mediated dozens of residential and commercial real
estate cases, including actions for misrepresentation or nondisclosure
of material information in sale of real estate, breach of contract of
purchase and sale, breach of commercial lease, land use issues,
foreclosures, eminent domain, inverse condemnation, easements,
condominium issues, and tenancies in common.
• Mediated and settled dozens of cases involving construction defects
and breach of contract claims in connection with the construction or
remodeling of condominium buildings, luxury homes, and commercial and
industrial properties, including complex multi-party litigation.
• Mediated the settlement of a claim by an investor against a mortgage
broker for the loss of hundreds of thousands of dollars invested in
deeds of trust.
• Facilitated a high six figure settlement of a claim by a group of
physicians against their billing service for failure to bill and/or
collect for services, including resolution of insurance coverage issues.
• Settled claims involving breach of warranty and misrepresentation in
the sale of a radio station.
• Arbitrated and mediated partnership disputes, including accountings
and dissolutions.
• Mediated six figure settlement of a lawsuit by a domestic employee
against a decedent’s sole heir for breach of a contract to make a will.
• Arbitrated and mediated many other estate and trust disputes,
including trust accounting and administration matters.
• Arbitrated and mediated legal malpractice cases.
• Arbitrated and mediated numerous personal injury, employment, elder
abuse, health care, and other civil cases.
DISPUTE RESOLUTION TRAINING
Arbitration
American Arbitration Association:
• Basic Arbitrator Training, 1993, 6.5 hours (graded first in class)
• Construction ADR Conference, November 2009, 7 hours
National Association of Securities Dealers, 1996-Basic and Chair
training in Securities Arbitration, 16 hours.
Mediation
The Mediation Center, 1995 Civil and Commercial Mediation, 45 hours
The American Academy of Attorney Mediators, Inc., 1996 Basic Mediation
Training, 15 hours
First District Court of Appeal, 2001 Appellate Mediation, 15 hours
Bar Association of San Francisco, 2002 Advanced Mediation Training, 8
hours
Bar Association of San Francisco, 2003 Diversity in Mediation, 6 hours
Pepperdine University, Strauss Institute of Dispute Resolution, 2003
Mediating Complex Construction Defect Cases, 18 hours.
PROFESSIONAL AND OTHER ASSOCIATIONS
State Bar of California
• Co Chair of the ADR Committee of the Business Law Section, 2006-2008
• Member of the Standing Committee on ADR, 2005-2008
• Member of the Litigation Section (including ADR Committee) and Real
Property Law Section (Executive Committee, 1989 92)
American Bar Association (Member, Dispute Resolution Section, Co-Chair
Mediation Committee, 2008)
Academy of Court Appointed Masters
Association of Business Trial Lawyers
California Academy of Distinguished Neutrals
California Dispute Resolution Council (Member, Board of Directors
2002-2005)
The Mediation Society (President 2000-2001)
Northern California International Arbitration Club
St. Thomas More Society
The Olympic Club
PUBLICATIONS
“Customizing the Mediation Process,” The Recorder Arbitration and
Mediation Supplement,” Spring 2009
"Settlement Cracks? New Ruling Puts an End to Court Ordered Mediation,"
The Recorder Arbitration and Mediation Supplement, March 2007
“Judicial Reference: A Better ADR Alternative?” ABTL Report, Vol. 15.
No. 2, Spring 2006
"Getting Down to Business," The Recorder, March 7, 2005
"Mediating a Complex Construction Defect Case," California Real Property
Journal, Vol. 22, No.3, Summer, 2004.
“Mediation Process Can Settle Even Hopeless Cases,” San Francisco Daily
Journal, March 6, 2000.
"Current Trends in the Arbitration and Mediation of Real Estate
Disputes," California Real Property Journal, Vol. 16, No.3, Summer,
1998.
“Convincing the Client to Mediate,” The Recorder, September, 1994
"Glossary of Casualty and Liability Insurance Terms," California Real
Property Journal, Vol. 6, No. 1, Winter, 1988
LECTURES AND PANELS
“The Four Essentials to a High Quality Mediation,” Alameda County Bar
ADR Section, July 30, 2009
“The Impact of Jeld Wen, Inc. v. Superior Court on Construction Defect
Mediation,” West Coast Casualty Construction Defect Seminar, May 8, 2008
"Overcoming Obstacles to Settling Real Estate Disputes," The Real
Property Section of the Bar
Association of San Francisco, November 15, 2006
"Effective Advocacy in Mediation or How to Let the Other Side Have Your
Way,"
State Bar of California Annual Meeting, September 10, 2005
"Mediation Strategies: A Business Lawyer's Guide to Successful
Negotiation," State Bar Section
Education Institute, January 29, 2005
"ADR Strategies and Tactics for Complex Litigation," State Bar of
California Business Law
Section Spring Meeting, May 13, 2004
“Mediation Confidentiality Current Status and Policy Choices,”10th
Annual ADR Policy Conference sponsored by the California Dispute
Resolution Council (November, 2003)
“A Dialogue on Rojas v. Superior Court,” The Mediation Society
(September, 2003)
“The Evolution of a Mediator," Bar Association of San Francisco
Mediation Committee (November, 2002).
This page was last modified in February 2010
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