Confidential
Settlement – $500,000Mediator
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Arthur Serrata
(technical)
Timothy R. Graves
(technical)
Gary Ludden
(technical)
Defendant
Paul Henry
(technical)
Ray Lombard
(technical)
Raymond E. Steinberg
(technical)
Facts
Plaintiff condominium homeowners association brought this lawsuit against defendants to recover damages for alleged construction and design defects in the development of the property. The property was completed in about 1990. The association experienced numerous problems including substantial water intrusion damage from multiple sources, including the roof, windows and balconies. The plaintiff brought this action against the defendants based on strict liability, negligence, breach of implied warranty of quality and merchantability, breach of warranty of fitness, breach of fiduciary duty, fraud, negligent misrepresentation and breach of covenants, conditions and restrictions.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $__________. The defendant made a C.C.P. º998 offer of compromise for $_______________ .
Damages
The plaintiff sought its cost to repair to correct the deficiencies and resultant property damages as well as reimbursement for costs incurred to make interim repairs. Per defendant, plaintiff's original cost to repair was $2,081,491.
Other Information
The settlement was reached approximately two years and six months after the case was filed. A mediation held before Ross Hart of the American Arbitration Association resulted in the reported settlement.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390