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CONFIDENTIAL

Oct. 29, 2002

Real Property
Adjacent Property
Property Damage

Confidential

Settlement –  $70,000

Court

L.A. Superior Pasadena


Attorneys

Plaintiff

Stephen C. Rasak


Defendant

Brian G. Hummel
(Gomes, Hirshik & Hummel)

William C. Howison


Experts

Plaintiff

Maurice Chasse
(technical)

Charles Catanese
(technical)

Steven W. Murray
(technical)

Steve Dahl
(technical)

Defendant

Donald Reynolds
(technical)

William Runyan
(technical)

Facts

The plaintiff insured a commercial building which was constructed in the 1920's. The defendant A
acquired the adjoining property for purposes of constructing a new multi-screen movie theater
complex and hired the defendant demolition contractor as the demolition contractor to do the
demolition of the existing structures. The two buildings had no airspace separating the walls.
Unknown to anyone, wire ties had been used to connect a portion of the walls of the two
buildings. The defendant demolition contractor cut the defendant A's wall into 10-foot sections
and used machinery to pull the first section of defendant A's wall down. Since the walls were tied,
the plaintiff's insured's wall sustained structural damage.

Settlement Discussions

The plaintiff s submitted a C.C.P. Section 998 demand of $70,000. The defendant tendered an offer of $20,000.

Damages

The plaintiff claimed damages of $82,642.


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