Sylvia Valenzuela, Juan Valenzuela, Michelle Valenzuela, Ashley Valenzuela v. Homestead Homeowners Association, et al.
Published: Dec. 21, 2004 | Result Date: Aug. 13, 2004 | Filing Date: Jan. 1, 1900 |Case number: TC016600 Verdict – $163,900
Judge
Court
L.A. Superior Compton
Attorneys
Plaintiff
Jonathan D. Winters
(Law Office of Jonathan D. Winters)
Defendant
Marlon D'Oyen
(Clinton & Clinton Attorneys at Law)
David A. Clinton
(Clinton & Clinton )
Experts
Plaintiff
Judy Goalwin
(technical)
Patrick S. Moffet
(technical)
Jean H. Su
(technical)
Thomas C. Hoffman
(technical)
Kenneth T. Kim
(medical)
Defendant
Ben Kollmeyer
(technical)
Jonathan Corren M.D.
(medical)
Brian P. Jacks
(medical)
Facts
Four members of a family were the victims of mold infestation resulting from a burst pipe. The plaintiffs had purchased a condominium and experienced flooding as a result of a burst pipe. They reported it to the defendants. The defendants' delayed repairs resulted in mold infestation in the unit. The plaintiffs' home was damaged and the family had to evacuate due to illness. The plaintiffs were Sylvia Valenzuela, 30, Juan Valenzuela, her husband, 30, and their two children, Ashley, 4, and Michelle, 2. Homestead Homeowners Association and Castle & Cottages Property Management Company contended that the seller, the plaintiffs and an outside mold remediation company were responsible.
Specials in Evidence
$25,000 for all plaintiffs
Damages
$52,000 for property damage
Injuries
Ashley suffered asthma and reactive airway disease. Michelle suffered aggravation of pre-existing asthma. Sylvia suffered severe emotional distress, post-traumatic stress disorder and irritation from mold. Juan suffered irritation from mold.
Result
$127,000 to Sylvia Valenzuela; $19,000 to Michelle Valenzuela; $17,900 to Ashley Valenzuela. Rossmoyne Inc. settled for $50,000. Homestead Homeowners Association and Castles & Cottages Property Management Company settled for $86,002 to Juan Valenzuela only.
Deliberation
two days
Poll
12-0
Length
18 days
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