Confidential
Settlement – $1,450,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Terry R. Bailey
(Abir Cohen Treyzon Salo LLP)
Brian S. Kabateck
(Kabateck LLP)
Defendant
Roy A. Koletsky
(Koletsky, Mancini, Feldman & Morrow)
Experts
Plaintiff
Robert H. Shaffer Jr.
(technical)
Glen Raad
(technical)
John J. Nicholas
(technical)
Dan Rawson
(technical)
Bill Thomas
(technical)
Darrell Knudson
(technical)
Jan Brussel
(technical)
Defendant
Ray Lombard
(technical)
Paul Henry
(technical)
George Swink
(technical)
R. Scott Johnson
(technical)
Facts
In 1989, the defendant developer/general contractor, completed construction of the plaintiff's townhomes. The plaintiff claimed that within the first year following its completion, many of the townhomes began experiencing serious plumbing leaks and water damage. After making some minor plumbing repairs, the developer/general contractor refused to make any further repairs. The townhomes also began experiencing water intrusion through the roofs and windows and the streets began to show signs of subsidence and premature deterioration. The homeowners association filed this action against the developer/general contractor and the county water company based on strict liability, negligence, breach of warranty and nuisance theories of recovery.
Settlement Discussions
The plaintiff and the defendant exchanged confidential demands and offers during mediation.
Other Information
Several mediation sessions, including sessions with the responsible subcontractors, were held before Gerald A. Kurland, Esq., resulting in the reported settlement.
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