The Villas at Eastlake Shores Homeowners Association v. Century American Corporation, et al.
Published: Aug. 31, 1996 | Result Date: Jul. 12, 1996 | Filing Date: Jan. 1, 1900 |Case number: DUM0001425 – $1,754,840
Facts
In 1991, the Villas at Eastlake Shores Homeowners Association sued cross-complainant Century American Corporation ("Century") for construction defects relating to a 112-unit condominium project located in Chula Vista. Century, who was the project's developer and general contractor, cross-complained for indemnity against various subcontractors involved in the original construction. The court bifurcated the case and allowed the action on the complaint to go to jury trial, resulting in a verdict against Century in November 1993. After the 1993 jury verdict, Century settled with the plaintiff and with all of the subcontractor cross-defendants except Regan Roofing, Inc. ("Regan Roofing") and Ghianni Drywall Corporation ("Ghianni Drywall"). Century then proceeded to trial against the non-settling cross-defendants, Regan Roofing and Ghianni Drywall.
Settlement Discussions
Century American on Regan Roofing made a settlement demand for $400,000. One of Regan Roofing's insurers settled for $200,000; the remaining insurer offered $50,000.
Damages
The cross-complainant claimed $927,124 (per cross-defendant) or $783,100 (per cross-complainant) in damages against Regan Roofing and $971,745 in damages against Ghianni Drywall.
Other Information
Prior to trial on the cross-complainant, Judge Robert E. May bifurcated the issue to the cross-complaint's claim against each of the two cross-defendants for a portion of its attorney's fees and costs incurred in the defense of the underlying case, and for an additional amount for attorney's fees and cost incurred in prosecuting the cross-complaint to a jury verdict. This attorney's fees claim, totaling approximately $425,000, is presently pending and will proceed to another jury trial in the near future unless the cross-defendants consent to a bench trial. Regan Roofing filed bankruptcy in August 1995. Its remaining insurer disputes coverage for the damages comprising the verdict.
Deliberation
1+ days
Poll
10-2 (as to Regan Roofing)
Length
6 days
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