The Gardens At Thyme Square Owners’ Association v. The Gardens At Thyme Square, LLC; MLB Construction Inc.; Pathfinder Pacifica Cloverdale, LLC; Thyme Square, LLC
Published: Mar. 14, 2015 | Result Date: Apr. 4, 2014 | Filing Date: Jan. 1, 1900 |Case number: SCV 253279 Settlement – $1,500,000
Court
Sonoma Superior
Attorneys
Plaintiff
Michael D. Green
(Abbey, Weitzenberg, Warren & Emery PC)
Scott R. Montgomery
(Abbey, Weitzenberg, Warren & Emery PC)
Defendant
Emmett E. Seltzer
(Boornazian, Jensen & Garthe)
William C. Reeves
(Morales, Fierro & Reeves)
Kevin P. Kennedy
(Kennedy & Souza APC)
Experts
Plaintiff
Eric C. Archuletta
(technical)
Facts
Plaintiffs The Gardens At Thyme Square Owners' Association sued defendants The Gardens At Thyme Square, MLB Construction Inc., and Pathfinder Pacifica Cloverdale LLC, alleging construction defects.
Defendants The Gardens At Thyme Square and MLB Construction developed and began to construct a 48-unit-townhouse project in Cloverdale sometime between 2006 and 2007. The original developer was unable to complete the project and, in 2009, the bank repossessed the project and sold/transferred it to Pathfinder Pacifica Cloverdale. Ultimately Pacifica Pathfinder Cloverdale completed and sold the remaining units.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that after the units were sold problems arose with respect to roofing and stucco.
Result
Defendants paid $1.5 million to settle the case. All defendants, except for Pathfinder Pacific, were covered under two separate "wrap" insurance policies, one with Quanta insurance and one with Lloyds of London. On behalf of all contractors and subcontractors, except Pathfinder Pacific, Quanta insurance paid $1,100,000 and Lloyds of London paid $200,000. Pathfinder Pacific also paid $200,000.
Other Information
FILING DATE: Feb. 7, 2013.
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