Confidential
Settlement – $8,400,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Thomas E. Miller
(Miller Law Firm)
Defendant
Richard H. Glucksman
(Chapman, Glucksman, Dean, Roeb & Barger)
Elaine K. Fresch
(Hawkins, Parnell & Young LLP)
Experts
Plaintiff
James Shrope
(technical)
John J. Nicholas
(technical)
Christopher A. Allen
(technical)
Donald Waller
(technical)
Ernie Orchard
(technical)
Bob Burkett
(technical)
Ralph E. Phillips
(technical)
Defendant
Robert F. Perry
(technical)
Peter S. Curry
(technical)
Bert W. Howe
(technical)
John Coil
(technical)
Harry A. MacDonald
(technical)
Gerald Fischer
(technical)
Robert E. Abbott
(technical)
Gerard G. Moulin
(technical)
James Eddington
(technical)
Paul S. Bennett
(technical)
Glenn Asakawa
(technical)
Peter Van Dijk
(technical)
Steven W. McCormick
(technical)
Richard H. Dodd
(technical)
Facts
The plaintiff claimed that the 440 unit residential condominium complex located in Oak Park, was plagued by the following construction defects such as, leaking roofs and decks, resulting in dryrot of the structural framing members, deterioration of interior drywall, and water intrusion through windows and sliding glass doors. The defendants contended that the as-built conditions were within industry standards, disputed the Association's Cost-of-Repair estimate for the alleged defective conditions and alleged as affirmative defense that several defects were excluded from their insurance coverage, and finally, that plaintiff association failed to properly maintain the common areas of the development.
Damages
The plaintiff, claimed that resultant damages that were approximately caused by construction defects due to architectural deficiencies and code violations including, but not limited to roof and deck leaks, sheet metal flashing failures, water intrusion through windows and sliding glass doors, and plumbing and electrical problems. The plaintiff claimed $10 million in damages.
Result
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Other Information
The case was settled prior to the June 21, 1999, recommended trial date. The case was settled within 23 months of the initial filing of the case. Ross R. Hart, of the American Arbitration Association in Los Angeles was appointed by the court as the Special Master and mediator in this case. Randall W. Wullf, of Farella, Braun & Martel was appointed co-mediator and handled one of the 15 mediation sessions. Ross Hart handled the final closing mediations in the case which resulted in a global settlement of the action on April 1, 1999. The subcontractors were contributors to the global settlement.
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