Confidential
Settlement – $2,100,000Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Defendant
Ernesto F. Aldover Jr.
(Pettler, Miller & Aldover LLP)
Catherine M. Page
(Page & Jorgensen LLP)
Frank T. Sabaitis
(Sabaitis, Lunsford & Moore)
Stephen L. Hewitt
(Hewitt & Raphael)
Experts
Plaintiff
Charles O. Laines
(technical)
Don Greek
(technical)
Tom Richards
(technical)
Richard D. Bowen
(technical)
Gregory W. Axten
(technical)
Leland Saylor
(technical)
Daniel McNicholl
(technical)
Facts
Plaintiff homeowners association sued defendant general contractor and various subcontractors, alleging its 62-unit complex was defectively designed and constructed. The owners alleged leaking, defective roofs, windows, improper drainage, soils movement, deteriorating streets/pavements, inadequate stucco, defective plumbing products and installation. The plaintiffs also alleged there was improper and inadequate post-completion repairs. The plaintiffs brought this action against defendants based on negligence, strict liability, breach of contract and breach of warranty theories of recovery. The defendants filed cross-complaints against various subcontractors. The defendants and cross-defendants denied liability and disputed the extent of alleged damages.
Settlement Discussions
Various demands and offers were exchanged.
Damages
The plaintiffs claimed damages of $3 million after expert discussions and information exchange.
Other Information
The settlement was reached approximately three years and four months after the case was filed. MEDIATION: A mediation was held before Ross Hart of AAA resulting in the reported settlement.
Deliberation
five days
Length
five days
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