Confidential
Settlement – $772,955Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Andrew Morrow
(Koletsky, Mancini, Feldman & Morrow)
David K. Dorenfeld
(DorenfeldLaw Inc.)
Rolando R. Tijerina
(Law Offices of Roland R. Tijerina)
Elaine K. Fresch
(Hawkins, Parnell & Young LLP)
Experts
Plaintiff
James M. Goodman
(Hassard Bonnington LLP)
(technical)
Orla Jensen
(technical)
Defendant
Gary S. Brown
(Law Offices Gary S. Brown)
(technical)
Rick Harris
(technical)
Klaus Kumme
(technical)
Daniel J. McNicoll
(technical)
Bill Thomas
(technical)
Barry L. Houseal
(technical)
Ben Aviv Damari
(technical)
Facts
From 1988 to 1991, the defendants constructed an 11,000 square foot combination residence and art gallery in Santa Monica. Shortly after completion, the plaintiff owners began experiencing water intrusion through ceilings, walls, doors and windows. The damage progressed over time and repair efforts were unsuccessful. The plaintiffs brought this action against the architect, general contractor and subcontractors based on negligence theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Damages
The plaintiffs' estimated cost of repair and additional expenses were $1,487,100. The defendants' repair-only estimate was $600,000.
Other Information
The settlement was reached approximately ten months after the case was filed. MEDIATION: Ross Hart was appointed as referree for the case pursuant to a case management order. Expert mediation sessions held on Nov. 6 and 18, 1996 reached tentative agreement on the defect list and scope of repairs. Party mediation sessions on Nov. 25 and Dec. 6 resulted in the global settlement (the architect settled outside of mediation).
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