Facts

Plaintiff Paseo Vista Homeowners Association, a development of 65 single-family homes located in Palm Desert, filed a suit against defendants after a series of heavy rainstorms caused severe flooding in 2008, 2009 and 2010 throughout the streets, yards and common areas of the Paseo Vista project.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the three retention basins located within the common areas of the Paseo Vista project were improperly designed as well as the emergency overflow areas of the project, which were at a higher elevation than the finished floor slab for several of the residences. The design deficiencies related to the drainage and grading caused severe flooding during the rainstorms, as deep as two feet in the streets and homeowners' yards, within the community.

Plaintiff further contended that the soils within the Paseo Vista project contained large pockets of clay or "problem soils," which resulted in low permeability. The slow percolation rates, because of the clay soils in the ground, contributed to ponding of water in the common area retention basins. Plaintiff alleged that Stantec failed to consider the problem soils and did not order percolation tests to be performed during the development of the project. As a result of the severe flooding, the Association was required to hire pumping companies on numerous occasions during rainstorms in order to remove the surface water and transport the thousands of gallons of water in tanker trucks to an offsite location. Accordingly, the Association maintained that Stantec, as the project civil engineer fell below the standard of care in the design of the grading and drainage within the Paseo Vista community.

DEFENDANT'S CONTENTIONS:
Stantec denied any liability and alleged that the grading contractor for the project caused the flooding by its failure to comply with the precise grading plans as drafted by Stantec.

Settlement Discussions

The Association demanded $599,000 prior to trial. Stantec offered $15,000 prior to trial.

Result

The jury found in favor of plaintiff with respect to plaintiff's second amended complaint and awarded $2,773,805 in damages against Stantec Consulting Corporation. The developer defendants accepted plaintiff's CCP 998 offer on the first day of trial in the amount of $599,000.

Other Information

The case was transferred from Judge John G. Evans in Dept. 2G in Indio to Judge Gloria C. Trask in Riverside for purposes of trial.

Deliberation

one day

Poll

12-0

Length

four days