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Contracts
Breach of Contract
Negligent Construction

Bernard E. Munk, et al. v. Sunnyside Pools Inc., et al.

Published: Mar. 25, 2003 | Result Date: Dec. 5, 2002 | Filing Date: Jan. 1, 1900 |

Case number: 6541353 Bench Decision –  $263,436

Judge

James L. Quaschnick

Court

Fresno Superior


Attorneys

Plaintiff

Steven D. McGee

Matthew G. Backowski


Defendant

Michael E. Lehman
(Ericksen Arbuthnot)


Experts

Plaintiff

Michael D. Jundt
(technical)

Jeff Kearns
(technical)

Dean L. Alexander
(technical)

Defendant

Hugo Kevorkian
(technical)

Richard English
(technical)

Facts

The plaintiffs entered into a contract with the defendant Sunnyside Pools Inc. for the construction of a swimming pool at their residence on mountain property located near Fresno. The plaintiff instituted the suit on the grounds that the pool had been improperly constructed.

Settlement Discussions

In September 2001, the plaintiffs made a settlement offer of $110,000. The defendant rejected that offer. In October 2001, the defendant submitted a C.C.P. Section 998 offer of $20,000, which the plaintiffs rejected.

Other Information

The defendant has filed an appeal.


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