MICHAEL P. CARBONE
Mediator & Arbitrator
Attorney at Law
1201 Brickyard Way #201
Point Richmond, CA 94801-4140
Tel: (510) 234-6550
Fax: (415) 480-1799
B.S., J.D., University of San Francisco; Member, Law Review and McAuliffe Honor Society.
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 1967-2013. Partner in the law firms of Jordan, Lawrence, Dawson & Carbone, Zankel & Carbone, Zankel & McGrane, and Wendel, Rosen, Black & Dean, LLP. Law Offices of Michael P. Carbone 1997-date
"AV" rating from Martindale Hubbell. Practiced in most fields of civil law, primarily real estate, business, construction, corporate, partnership, securities, employment, and trusts and estates.
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
20 years of experience as a third party neutral. Has served as arbitrator, mediator or referee in most of the fields in which he practiced law and has handled hundreds of cases, including many large and complex matters.
Panelist with the American Arbitration Association, including the Commercial, Real Estate and Construction Panels, and large and complex cases since 1985. Securities arbitrator with NASD and FINRA 1985- 2006. Arbitrator with ADR Services, Inc. 2007-2011. Has acted as either the chair or sole arbitrator in virtually all cases.
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
American Arbitration Association:
- Basic Arbitrator Training, 1993
- Construction ADR Conference, 2009, 7 hours
- Arbitration Fundamentals and Best Practices, 2010, 15 hours
National Association of Securities Dealers:
Basic and Chair training in Securities Arbitration, 1996, 16 hours
- 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 (Chair, ADR Committee) and Real Property Law Section (Executive Committee, 1989-92)
- American Bar Association (Member, Dispute Resolution Section, Co-Chair Mediation Committee, 2008; Section of Science and Technology Law, eDiscovery and Digital Evidence Committee)
- Academy of Court Appointed Masters
- Association of Business Trial Lawyer
- California Dispute Resolution Council (Member, Board of Directors 2002-2005)
- The Mediation Society (Co-FoundePresident 2000-2001)
- St. Thomas More Society
- “Discovery Reform in the Digital Age,” The Daily Journal, August 27, 2012
- “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.
LECTURES AND PANELS
- “What’s New in Mediation,” presented to local bar associations and law firms 2012-2013
- “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)