Robert Mann, Esq.
Case Manager: Eve Thorstens
Tel: (310) 201-0010 Ext. 147
E-Mail
Robert S. Mann is a mediator and arbitrator
in the following areas:
• Construction Law
• Real Estate Disputes
• Commercial Disputes
• Real Estate Broker Malfeasance
• Homeowner Association Disputes
• Home Inspection Disputes
• Intellectual Property and Entertainment
• Wrongful Death and Personal Injury
• Employment
• Insurance Coverage and Bad Faith
• Legal Malpractice
Robert Mann is regarded as one of the most accomplished mediators and arbitrators in California. Mr. Mann is a 2012 Daily Journal, Top Neutral. He brings to his dispute resolution practice 35 years of experience as a construction, real estate and business litigator, having handled multi-million dollar disputes for both plaintiffs and defendants. In the construction field, he is best known for obtaining the largest construction defect arbitration award in California history—$90 million—as lead trial counsel for the original owner/developer of the Shutters at the Beach Hotel in Santa Monica, California. He has also represented national developers such as Shapell Industries and Goldrich & Kest. In his real estate and business practice he has represented parties in all aspects of real estate and business litigation. He has tried over 75 jury trials to verdict and has obtained tens of millions of dollars in verdicts and settlements. He is a prolific author of books and articles, including a major technical work entitled Defect-Free Buildings, published by McGraw-Hill in 2007. Mr. Mann is also a member of the National Roster of Commercial Arbitrators and Mediators of the American Arbitration Association. He is highly regarded for his fairness, ability to efficiently and effectively analyze cases and for his intensive follow up efforts to resolve cases.
EDUCATION
• J.D., cum laude, Santa Clara University School of Law, 1977
Comments Editor, Santa Clara Law Review, Vol. 17 Author: “Copyright Law Revision and the Kewanee Preemption Issue: Is There a Doctrine in the House?” (reprinted in Current Perspectives on Copyright Law, Practicing Law Institute, New York, 1977). Recipient, First Prize, Nathan Burkan Memorial Copyright Law Competition, 1977
• A.B., English and Communications, Stanford University, 1974
MEDIATION AND ARBITRATION EXPERIENCE
Robert Mann is well known for his ability to resolve cases outside his areas of particular subject matter expertise and for his ability to rapidly assimilate complex factual and legal issues.
Construction Law
- Hundreds of cases involving disputes between owners and contractors with respect to breach of contract, construction defects, mechanics’ liens, delay and disruption and incomplete work, including multi-million dollar disputes arising from the construction of residential, commercial and office projects. Total value of claims resolved exceeds $150 million.
- Public Works cases, including resolution of $29 million dispute between public agency and surety regarding claims by surety for additional work under Modified Total Cost Claim analysis, dispute over claim arising from underground utility tunnel in San Francisco Bay Area, dispute over installation of one mile of high pressure welded steel fire supply line for downtown Los Angeles Metro Rail line, dispute over installation of high capacity pumps in public agency owned storm water retention and pumping facility, dispute over installation of cell towers on public agency owned land, dispute over damage to public utility equipment by private contractor during construction project.
- Multiple cases involving disputes between private contractors and school districts, including disputes involving breach of contract, claims, discrimination, delay and disruption and construction defects.
- Multiple cases involving disputes over removal of lateral and subjacent support including major claim arising from construction of commercial office building next to existing restaurant causing damage to restaurant facility.
- Multiple cases involving multi-party construction defect claims arising from the construction of condominium and multi-family housing in California and Nevada.
- Commercial construction disputes, including resolution of conflicting multi-million claims of owner and contractor on commercial hotel project and claim involving construction of hospital facility. Dispute involving construction of major downtown entertainment facility involving more than 40 parties.
- Served as arbiter of quality control and completion issues on projects where parties agree to submit such issues for binding resolution based on my inspection and report.
Real Estate Disputes
- Dispute involving termination of lease at Staples Center luxury box.
- Multiple cases involving commercial breach of lease and return of deposits in both residential and commercial properties.
- Failure to disclose and other misrepresentation.
- Multiple disputes arising from zoning and other use restrictions.
- Multiple neighbor disputes over boundary lines, view sight easements, encroachments, hillside failures, lack of lateral and subjacent support.
- Multiple cases involving foreclosure issues, including claims of lenders, borrowers, wrongful foreclosure, priority and title issues.
- Dispute between Homeowner’s Association and Homeowner over filming rights on HOA property.
- Dispute over maintenance obligations with regard to quarter-mile long retaining wall between two condominium associations including resolution of repair and maintenance responsibilities in the future.
- Dispute over maintenance and repair of failing hillsides in large planned use community in hillside area adjacent to Mulholland Drive.
- Dispute over method and cost to repair damaged condominium association property.
Commercial Disputes
- Dispute between two branches of family over ownership of family-owned and run restaurant business.
- Dispute over ownership and valuation of antique Koran.
- Dispute over ownership of parking rights in downtown office tower project.
- Dispute involving malfeasance of property manager causing loss of rental income and increased financing charges due to reduction in rental income from property.
Real Estate Broker Malfeasance
- Over 100 real estate broker malfeasance cases, including:
- Failure to disclose defects and other problems;
- Conspiracy to defraud;
- Inflating values for fraudulent loans;
- Misrepresentation of size and quality;
- Improper advice re escrow transactions;
- Mishandling documents;
- Improper advice re disclosure statements.
Homeowner Association Disputes
- Scores of Homeowner Association Disputes including:
- Dispute over obligations of “sister” associations to maintain and repair common area;
- Dispute over maintenance and repair of hillside area;
- Disputes over alleged non-compliance with architectural standards;
- Disputes over alleged damage to private property by HOA failure to maintain or repair common areas;
- Disputes over alleged failures to enforce CC&Rs;
- Disputes between HOA and third parties, including vendors and others over non-payment , breach of contract, breach of warranty;
- Disputes over elections of officers and Directors;
- Disputes over approval of construction and other loans by HOA to improve HOA property.
Home Inspection Disputes
- Many cases involving home inspections by Home Inspectors and Termite Inspectors, including:
- Disputes arising from incomplete or inadequate inspections;
- Claims of fraudulent inspections (inspections not actually performed by signed off) by both buyers and sellers.
Intellectual Property and Entertainment Related Disputes
- Theft of intellectual property dispute between the two largest manufacturers in U.S. of adult sex products over alleged misappropriation of images used in advertising materials.
- Multi-million dollar dispute between creators/producers of top 20 network television show over who should be entitled to residuals as “creator” of show upon syndication.
- Copyright infringement action between internet company selling “touts” (predictions by sports handicappers of up-coming games) for a fee and internet company with “billboard” displaying allegedly copyrighted materials.
Wrongful Death and Personal Injury
- Toxic Tort wrongful death cases involving alleged death from inhalation of powdered dye and inhalation over time of toxic chemicals in workplace.
- Personal injury automobile cases.
Employment
- Wrongful discharge of record company executive seeking $5 million in damages.
Insurance Coverage and Bad Faith
- As an adjunct to construction matters, scores of insurance coverage and bad faith lawsuits.
Legal Malpractice
- $2.5 million claim of legal malpractice arising from failure to timely file and record Stop Notice in construction dispute.
SIGNIFICANT PROFESSIONAL ACCOMPLISHMENTS
- Special litigation counsel for bankruptcy estate of owner/developer in longest construction arbitration in history of the California operations of the American Arbitration Association, resulting in award and judgment of approximately $90 million to client;
- As lead trial counsel, obtained $3.5 million jury verdict after a 7 week declaratory relief—interference with contract trial;
- As co-counsel, obtained over $30 million in settlements in 4 various business litigation matters;
- Have defended major institutional clients in complex construction defect cases having over $35 million in exposure and negotiated settlements requiring contribution from clients of less than $2 million;
- Have authored numerous appellate briefs resulting in two published decisions;
- Expert Witness re reasonableness of fees in construction defect dispute.
REPRESENTATIVE CLIENTS
- Maurice Marciano
- Imperial Bank
- Sears Savings Bank
- Shapell Industries, Inc.
- Goldrich & Kest
- The Walter Company
- La Mancha Development Co.
- The Platt Collections
- Yum Yum Donut Shops, Inc.
- Venice Family Clinic
- Santa Monica Beach Hotel, Ltd.
- Diamond Head Homeowners Association
- Stevenson Ranch Community Association
- Nourmand & Associates
- International Alliance of Plumbing and Mechanical Officials (IAPMO)
- Frank and Jaime McCourt
- John Fogerty
PROFESSIONAL ASSOCIATIONS AND COMMUNITY INVOLVEMENT
- President, The Guardians of the Jewish Home for the Aging (1999)
- Member: American Arbitration Association
- Community Associations Institute
- California Association of Community Managers
- Board of Directors, The Jewish Home for the Aging of Greater Los Angeles
- The Associates of Cedars-Sinai Medical Center (member, Executive Committee)
- Planned Giving Committee, Venice Family Clinic
- Advisory Board, The Benedict Canyon Association
- Contract Specifications Institute (CSI)
- International Conference of Building Officials (ICBO)
- Architectural Aluminum Manufacturers Association (AAMA)
- The Lexington Group
- American’s Leading Lawyers (1993)
- Association of Business Trial Lawyers
- The American Bar Association (member, Sections of Litigation and Forum on Construction Law)
- Los Angeles County Bar Association (member, Committee for Judicial Evaluations)
- Beverly Hills and Century City Bar Associations
- The State Bar of California (member, Section of Litigation)
- Judge Pro Tem, Los Angeles Superior Court
- Admitted to practice: United States District Court (Northern, Central and Southern Districts of California)
- United States Court of Appeals, 9th Circuit; United States Supreme Court
- Author of numerous articles on Construction Defect Litigation
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