Orangewood Village Homeowners Association, et al. v. City of Long Beach, et al.
Published: Sep. 16, 1995 | Result Date: May 18, 1995 | Filing Date: Jan. 1, 1900 |Case number: BC083096 – $376,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Manny Shahraki
(technical)
Hugh McCormick
(technical)
Theodore A. Wendland
(technical)
Lawrence R. Wlezien
(technical)
Defendant
Ralph Laurain
(technical)
Kenneth Lewis
(technical)
Robert M. Pride
(technical)
R. Dean Colin
(technical)
Facts
In 1991 construction and occupancy were completed on a condominium project involving 21 units. Plaintiff residents were the members of the Orangewood Village Homeowners Association. The average price range at purchase was from $130,000 to $145,000. On December 7, 1992, flooding caused extensive damage to Plaintiffs' residents.
Settlement Discussions
Defendant City of Long Beach contends it would have offered $650,000 and Plaintiff demanded $3,000,000 reduced to $925,000 during trial.
Damages
The claimed damages were: $680,000 (approximately) for structural repairs; $200,000 for personal property and attorney fees (based on inverse condemnation); and $1,000,000 (approximately) for loss of fair market value to condominiums.
Other Information
Defendants Los Angeles County and Los Angeles Flood Control District were granted nonsuits, early in this litigation. The first phase of the trial resulted in a verdict for the Plaintiffs on the cause of action based on nuisance; however, this resulted in a Defense verdict on the causes of action based on negligence and/or dangerous condition of public property. The jury also returned a special finding in the form of an advisory opinion which should have allowed a decision in Plaintiffs' favor on the theory of inverse condemnation. Judge Workman, however, ruled against the Plaintiffs on the theory of inverse condemnation and found for the Defendants on that theory which eliminated Plaintiffs' claim for attorney fees, expert fees, et cetera. A settlement has been reached, but not yet approved by the Plaintiffs, for a total sum of $568,000 to compromise for a release of all floods (2 subsequent flood incidents) and agreement not to appeal the issue of inverse condemnation.
Deliberation
8 days (first phase), 11 days (second phase)
Poll
varied
Length
2.5 months
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