Confidential
Settlement – $7,981,500Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Leslie Sheehan
(Gordon & Rees LLP)
Marc S. Feldman
(Koletsky, Mancini, Feldman & Morrow)
Experts
Plaintiff
Ralph E. Phillips
(technical)
Mark Yochim
(technical)
Svend Sorensen
(technical)
James M. Goodman
(Hassard Bonnington LLP)
(technical)
Orla Jensen
(technical)
Defendant
Ben Aviv Damari
(technical)
Allen Jacoby
(technical)
Steve M. Daderian
(technical)
Malcolm Lewis
(technical)
Facts
Plaintiff homeowners association's mixed-use condominium project was built by Defendants in the late 1980's. Beginning in 1989, the luxury residential units were sold at an average price of $371,000; commercial space was leased, and senior citizen apartments were rented. In late December 1991, heavy rainstorms caused numerous water intrusion problems throughout the project. The damages progressed over time.
Settlement Discussions
Plaintiff contends it made a 998 demand of $8,450,000 reduced to $7,900,000. Offers made by Defendants were not disclosed.
Damages
Plaintiff's cost-of-repair estimate (after mediation) was $9,200,000. Defendant general contractor's cost-of-repair estimate was $3,300,000.
Other Information
This case was filed in December of 1994; nine months prior to this result. Defendant general contractor continues to prosecute the case against non-settling subcontractors with an assignment of negligence rights from the homeowners. This agreement was reached after 8 days of mediation with Judge Robert I. Weil. Judge Jack Tenner assisted with the final negotiations between the general contractor and Plaintiff.
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