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Real Property
Fraud
Sale of Residence

Jack Allocco and Patricia Allocco v. Gale Sturdevant and Carolyn Sturdevant / YC020652.

Published: Jun. 13, 1998 | Result Date: May 22, 1998 | Filing Date: Jan. 1, 1900 |

Case number: YC020652 Verdict –  $304,545

Judge

Robert Mallano

Court

L.A. Superior Torrance


Attorneys

Plaintiff

Stephen C. Rasak


Defendant

Joe M. Agapay Jr.


Experts

Plaintiff

Kirk Sheller
(technical)

Gene Dockins
(technical)

John Schuricht
(technical)

Defendant

Gregory W. Axten
(technical)

William Curtis
(technical)

Keith W. Ehlert
(technical)

Facts

In August 1992, plaintiffs Jack and Patricia Allocco purchased a residence from defendants Gale and Carolyn Sturdevant. Shortly after the purchase, the plaintiffs claimed they became aware the pool located near a slope in the rear yard was leaking. After further investigation, the plaintiffs discovered the pool leaks were being caused by land movement which was also affecting the house. The plaintiffs brought this action against the defendants based on a fraud theory of recovery.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $200,000. The defendants made a C.C.P. º998 offer of compromise for $75,000.

Damages

The plaintiffs claimed they suffered damages of $345,000 and post-remediation stigma damages.

Other Information

The verdict was reached approximately two years and 10 months after the case was filed. POST-TRIAL MOTIONS: A motion for attorney fees and costs, totaling an additional $123,000, is pending.

Deliberation

eight hours

Poll

12-0

Length

seven days


#101163

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