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Real Property
Failure to Disclose
Fraud, Concealment, Breach of Contract

Patterson v. Mahdavi

Published: Jun. 7, 2008 | Result Date: Feb. 8, 2008 | Filing Date: Jan. 1, 1900 |

Case number: GIC856690 Verdict –  $400,000

Court

San Diego Superior


Attorneys

Plaintiff

Michael E. Ripley
(Law Office of Michael E. Ripley)


Defendant

Thomas A. Gilmore


Experts

Plaintiff

Martin R. Owen
(technical)

Larry Teves
(technical)

Defendant

William Catlin
(technical)

Mark Wunch
(technical)

Facts

The plaintiff bought a house from defendant and discovered cracked slab one month later. The plaintiff also discovered patched interior walls and patched exterior stucco.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant disclosed nothing; that the defendant knew of the slab crack, wall cracks and slab movement and uneven floor.

DEFENDANT'S CONTENTIONS:
The defendant contended that he knew nothing, and that he had not patched cracks nor knew of slab cracks.

Settlement Discussions

The defendant offered $5,000.

Result

Verdict for $400,000.

Other Information

The defendant's motion for new trial was denied. The defendant's appeal is pending.

Deliberation

five hours

Poll

12-0 (for plaintiff on fraud, concealment, breach of contract, negligence), 9-3 (for plaintiff on damages)

Length

four days


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