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CONFIDENTIAL

Aug. 19, 1995

Real Property
Single Family Dwelling
Failure to Disclose Defects

Confidential

Settlement –  $185,000

Judge

Charles R. Hayes

Court

San Diego Superior


Attorneys

Plaintiff

Richard R. Leuthold


Defendant

Theodore R. Cercos
(Lincoln Gustafson & Cercos)

Paul S. Murray

Alan R. Johnston

Peter C. Ward
(Ward & Hagen LLP)

Eugene P. Yale

Charles T. Hoge

Christopher L. Thomas
(Law Offices of Hartsuyker, Stratman & Wi)


Experts

Plaintiff

Pat Slayter
(technical)

Lee R. Hess
(technical)

William Craig
(technical)

James T. Frost
(technical)

Defendant

Tom Sanders
(technical)

William J. Cathcart
(technical)

Douglas E. Harwood
(technical)

Conrad Slabbert
(technical)

Greg Limbach
(technical)

William C. Gabrielson
(technical)

Michael Casey
(technical)

Truman Brooks
(technical)

Facts

Plaintiff purchased a single family residence in La Jolla for $1,100,000. Subsequent to close of escrow on April 25, 1991, Plaintiff discovered construction defects to the home and filed litigation against the sellers, real estate broker and agents, the original owner/builder, home inspector, and general contractor who had performed renovations for the seller. Defendants filed Cross-complaints for indemnification.

Settlement Discussions

Plaintiff contends he demanded $225,000 and Defendants made "various" unspecified offers.

Damages

Water infiltration into the lower level, cracking tile, and improperly constructed front patio with an estimated value of $275,000 for reconstruction.


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