The Crest at Whelan Ranch Homeowners Association v. Lusk Homes/Whelan Ranch, et al.
Published: Oct. 21, 1995 | Result Date: Oct. 5, 1995 | Filing Date: Jan. 1, 1900 |Case number: 680473 – $544,880
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Dennis B. Atchley
(Law Offices of Shawn A. McMillan APC)
Defendant
Experts
Plaintiff
Don Whiteman
(technical)
Leslie Reed
(technical)
Joel Morrison
(technical)
Defendant
Peter J. Pountney J.D.
(technical)
Scott Vivian
(technical)
Douglas E. Moran
(technical)
Facts
Defendant Lusk Homes constructed 33 residential lots and single family homes that were completed and occupied in 1992. The development is called The Crest at Whelan Ranch. The average size is 2300 square feet and the original 1992 purchase price ranged from $203,000 to $220,000. In late fall of 1992 and early spring of 1993, heavy rainfall resulted in flooding to Plaintiffs' backyards.
Settlement Discussions
Plaintiffs contend they made a 998 demand in the amount of $630,000 reduced to $600,000 before trial and Defendant offered $300,000.
Damages
Plaintiffs estimated the cost of repair to be $652,159. Defendant estimated the cost of repairs to be $270,000.
Deliberation
1 day
Poll
11-1 (defect), 10-2 (negligence)
Length
6 days
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