Daniel and Donna McClintock v. Pavilion Homes
Published: Aug. 27, 1994 | Result Date: Jul. 20, 1994 | Filing Date: Jan. 1, 1900 |Case number: 631205 – $878,528
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Lee H. Durst
(The Justice Law Center)
Experts
Plaintiff
Paul McEachern
(technical)
Dennis A. Evans
(technical)
Defendant
Thomas E. Chesley
(technical)
Gregory W. Axten
(technical)
Facts
Plaintiffs Daniel and Donna McClintock purchased a new tract home in 1987 in the City of San Clemente. The purchase price with upgrades totaled $367,000, and Plaintiffs dealt directly with Defendant developer, Pavilion Homes, during the transaction. During 1989, Plaintiff's property began experiencing severe movement and distress. Separations and cracks developed up to 10-12 inches wide. Coast Homeowners' Association was also named as a Defendant.
Settlement Discussions
Demands and offers were not disclosed.
Damages
$504,528 for cost of repairs, including caissons around the perimeter of the property.
Result
The jury awarded Plaintiffs their cost of repairs ($504,528), plus $50,000 in investigation costs, plus $25,000 for loss of use.
Other Information
$579,528 was assessed against Defendant Coast Homeowners' Association, which was credited with a $200,000 offset from prior settlements. The Court, in addition, awarded fraud damages against the defaulting party, Defendant Pavilion Homes, in the amount of $244,000 plus $75,000 punitive damages for failure to disclose the existence of the known landslide condition at the time of sale.
Deliberation
1 day
Poll
11-1 liability, 10-2 damages
Length
1 week
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