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Real Property
Construction Defect
Fraud and Misrepresentation

Tatiana Sanochkina v. Hui

Published: Aug. 6, 2011 | Result Date: Oct. 26, 2010 | Filing Date: Jan. 1, 1900 |

Case number: CGC07464022 Arbitration –  Defense

Court

San Francisco Superior


Attorneys

Plaintiff

Patrick A. Missud

John Nash


Defendant

Tanner D. Brink

R. Dewey Wheeler


Facts

The Yuen-Teng Trust owned the subject San Francisco residence since 1990, with the home originally built in 1940. The sole trustees were Richard Yuen and Mabel Teng, formerly husband and wife. Due to their dissolution of marriage, the subject property was placed on the market for sale.

Tatiana Sanochkina, a resident of Russia, instructed her attorney-in-fact, Gregory Finkelson, to negotiate her purchase of the home. The home was subsequently sold for $1.3 million, with substantial pre-close inspection placing the purchaser on notice of the need for substantial renovations and repairs necessary at the property. Escrow closed in July of 2005.

Following the close of escrow, Ms. Sanochkina brought suit, alleging misrepresentation of the condition of the property, including those conditions which were identified in the pre-close inspections. Ms. Sanochkina alleged illegal workmanship, dangerous and hazardous conditions, concealed defects and mold allegations. She sought $247,408 for alleged square footage inaccuracies, and $374,480 for alleged costs to repair, mold related medical damages, and other varied amounts of special damages, including unidentified amounts of attorney's fees.

Damages

Sanochkina sought $247,408 in damages for the reasonable value of square footage she was entitled to receive; $374,480 for the cost of repairs; and other special damages.

Result

Per the terms of the residential purchase agreement, the matter was submitted to binding Arbitration. Michael Carbone, Esq., of ADR Services was the Arbitrator agreed to by both respective parties. The San Francisco Superior Court subsequently confirmed the defense verdict and award of costs ($56,081) to the defense.


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