Confidential
Settlement – $5,500,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Thomas E. Miller
(Miller Law Firm)
Defendant
Experts
Plaintiff
Christopher A. Allen
(technical)
Malcolm Lewis
(technical)
William "Bill" Thomas
(technical)
Denis J. Dunn
(technical)
Ernie Orchard
(technical)
Donald Waller
(technical)
James Shrope
(technical)
Facts
Tthe defendant developer developed property in Orange County, California, including a 275 unit residential condominium complex in 1990, the homeowners began to notice leaks and other problems with the units. The plaintiff brought this action against the defendants based on breach of implied warranty of merchantability, breach of implied warranty of fitness for intended purpose, strict liability and negligence.
Settlement Discussions
The plaintiff association was offered only $1 million in December, 1996, during the Calderon pre-litigation process.
Damages
The plaintiff association claimed resultant damages from construction defects due to architectural deficiencies and code violations including, but not limited to; roof and deck leaks, related flashing failures, and water intrusion through windows and sliding glass doors in the amount of $7 million.
Other Information
The settlement was reached approximately two years after the case was filed. Mediations was held over six months, resulting in the settlement. Ross R. Hart, of the American Arbitration Association in Los Angeles was appointed by the court as the discovery referee and initial mediator in this action. Thereafter, Ross Hart appointed Alan E. Harris, and Randall W. Wulff, both of the firm of Farella, Braun & Martel, as co-mediators to facilitate continued mediations between the parties.
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