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CONFIDENTIAL

Mar. 15, 1997

Construction
Construction Defects
Single Family Dwelling

Confidential

Settlement –  $59,000

Judge

William A. MacLaughlin

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Bill J. Thompson

Steven H. Murphy


Defendant

R. Anthony Moya

Randall L. Mason


Experts

Plaintiff

Randall Akers
(technical)

Robert I. Zweigler
(technical)

Defendant

Kenneth J. Palos
(technical)

Avram Ninyo
(technical)

Don Villafana
(technical)

John T. Tsao
(technical)

Facts

In 1984, the plaintiffs purchased a home from a bank. That bank was later taken over by the defendant bank. During 1985, the plaintiffs' house began showing a cracked slab, and bent beams. In March 1991, water intrusion, and an elevation of the pool was detected. The plaintiffs brought this action against the bank and the contractor (who was allegedly hired and controlled by the bank) based on construction defect, strict liability and negligence theories of recovery.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $75,000. The defendants made a C.C.P. º998 offer of compromise for $26,000.

Other Information

The settlement was reached approximately three years and two months after the case was filed.


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