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Construction
Construction Defects
Fraud

Won Soo Park and Linda Park v. Wai Wo Tang and Christina Tang

Published: Mar. 15, 1997 | Result Date: Oct. 30, 1996 | Filing Date: Jan. 1, 1900 |

Case number: GC012994 –  $607,230

Judge

Gabriel A. Gutierrez

Court

L.A. Superior Pasadena


Attorneys

Plaintiff

Steven G. Harman

Kelly G. Richardson
(Richardson Harman Ober PC)


Defendant

Anahid Agemian
(Agemian & Fang P.C.)

Eric P. Beatty


Experts

Plaintiff

Richard L. Jasperson
(technical)

Richard D. Bowen
(technical)

Thomas Rohlfs Burke
(Davis, Wright & Tremaine LLP) (technical)

Charles O. Laines
(technical)

Defendant

Kenneth J. King
(technical)

Ray Lombard
(technical)

Facts

In 1990, defendants Wai Wo Tang, an importer/exporter of Chinese herbs, and Christina Tang, a homemaker, hired a civil engineer to draft plans and a contractor to build a custom home in Temple City. In 1993, upon completion of construction, the defendants sold the house to the plaintiffs, Won Soo Park and Linda Park, for $630,000 with a one-year builder's warranty. The plaintiffs claimed that the Temple City home had numerous defects which the defendants refused to repair. The plaintiffs brought this action against the defendant sellers based on fraud and negligence theories of recovery.

Settlement Discussions

Per the plaintiffs, the plaintiffs made a C.C.P. º998 settlement demand for $285,000 and the defendants made a settlement offer of $150,000 during trial. Per the defendants, the plaintiffs made a settlement demand for $600,000 and the defendants made a settlement offer of $108,000 (with an instruction that the defendants would declare bankruptcy if the offer was not accepted), increased to $125,000 just before trial.

Damages

The plaintiffs claimed $607,320 or $660,000 in cost-of-repair damages, which included the cost to demolish the home and rebuild it.

Other Information

The verdict was reached approximately one year and ten months after the case was filed. The defendants' motions for judgment notwithstanding the verdict and for new trial were stayed due to the defendants filing of bankruptcy. The first trial lasted nine days and ended in a mistrial during the plaintiff's case. The second trial lasted 12 days. The defendants filed for bankruptcy on Nov. 8, 1996.

Deliberation

1+ days

Poll

12-0 (liability); 11-1 (damages)

Length

15 days


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