Confidential
Settlement – $425,000Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Ken Watanabe
(technical)
Defendant
Glen Drogin
(technical)
Facts
During a heavy rainstorm on Feb. 7, 1993, the streets around the shopping center owned by the plaintiff flooded to a depth of 2+ feet, and water flowed along two driveways into the street level of the parking garage. Some water seeped into premises leased to a tenant through gaps in the tenant's rear doors, which fronted on the parking garage. The tenant claimed that the plaintiff was at fault for failing prevent the tenant's premises from flooding. The tenant asserted that it had been constructively evicted and permanently vacated the premises. The plaintiff nevertheless repaired the damage to the tenant's leasehold improvements pursuant to the lease, which governs the rights and obligations of the parties in the event of a casualty, and demanded that the tenant re-open. After the tenant refused to do so, the plaintiff leased the premises to a restaurant. The plaintiff settled with the tenant and brought suit against the county for inverse condemnation.
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 claimed $1.6 million in economic damages.
Other Information
The settlement was reached approximately two years and eight months after the case was filed.
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