Confidential
Settlement – $4,000,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Thomas E. Miller
(Miller Law Firm)
Defendant
A. Emily Wehbe
(Sturgeon & Wehbe LLP)
Experts
Plaintiff
Stanley C. Livingston
(technical)
Michael D. Romanowski
(technical)
Defendant
Jack Rube
(technical)
Robert D. Johnson
(technical)
Peter S. Curry
(technical)
Facts
In November, 1987, the defendant developer completed construction of a condominium complex in Rancho Santa Margarita and placed the condominiums for sale. The purchasers of the individual condominium units experienced water intrusion problems, and after further investigation, discovered water intrusion, seismic and fire safety deficiencies. The defendant developer denied the existence of defects and asserted that the conditions complained of could be repaired for $1,200,000. A cross-complaint was filed against the subcontractors involved in the construction of the condominium complex.
Settlement Discussions
The case was mediated for nine months before retired Judge F.V. Lopardo. A $3,000,000 global settlement offer was made in response to plaintiffs' demand for $5,400,000. The parties agreed to the appointment of another mediator, Ms. Linda Meyer. A $4,000,000 partial settlement was then reached with an assignment of claims against the roofing and stucco contractors.
Damages
The plaintiffs estimated that it would cost $5,500,000 ($11,801 per defendant) for repairs to the condominium complex as well as rent and relocation costs while the repairs were being made.
Other Information
The case was settled approximately 2 years and 1+ months after it was filed.
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