Confidential
Settlement – $210,000Judge
Mediator
Court
L.A. Superior Glendale
Attorneys
Plaintiff
Defendant
William M. Slaughter
(Slaughter, Reagan & Cole LLP)
Elaine K. Fresch
(Hawkins, Parnell & Young LLP)
Lincoln V. Horton
(Horton Village Law Group APC)
Experts
Plaintiff
Geoffrey Wm. Lunt
(technical)
Defendant
Simon Locke
(technical)
Peter Van Dijk
(technical)
Facts
Plaintiff homeowners association brought this lawsuit for construction defects and resultant damages sustained in the common areas and the 13 individual units of the association. The association's complex was originally built in 1982 and used as apartments. In about October 1992, defendants purchased the complex and made renovations prior to selling the units as townhouses in late 1993 to early 1994. Since that time, the association suffered substantial water intrusion from the roof, windows, doors and balconies. Drywall and framing defects were evident throughout the units. Improper sloping of balconies and walkways caused water to pond and to remain standing for extended periods of time. While defendant made some initial repairs to the association, these repairs were not successful, and plaintiff claimed they actually caused increased resultant damage to the association. The plaintiff brought this action against the defendants based on strict liability, negligence, breach of implied warranty and merchantability, breach of warranty and fitness, breach of fiduciary duty, fraud, negligent misrepresentation and breach of covenants, conditions and restrictions by developers.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $____________. The defendants made a C.C.P. º998 offer of compromise for $____________ .
Damages
The plaintiff claimed $300,000 in damages ($800,000 per defendant)
Other Information
The settlement was reached approximately one year and six months after the case was filed. A mediation was held before Gerald Kurland of JAMS, resulting in the reported settlement.
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