This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Contract
Construction Contract

John Rasic v. Charles Strother, et al.

Published: Nov. 11, 2000 | Result Date: Oct. 2, 2000 | Filing Date: Jan. 1, 1900 |

Case number: CIV088975 Verdict –  $781,700

Judge

Lawrence W. Fry

Court

Riverside Superior


Attorneys

Plaintiff

Gregory S. Larson

James S. Marinos


Defendant

James O. Latturner

William S. Bonnheim


Experts

Plaintiff

James B. Kuhn
(technical)

James Waples
(technical)

Facts

Plaintiff John Rasic transferred 15 acres of residential zone property into partnership. The defendant, Charles
Strother was to develop 84 homes. The defendant actually built 14 homes when the lender took over the project
and withdrew the funding.
The Drummonds had been brought into the partnership as secured lenders and limited partners of Durango
Developers, The Development Limited Partnership formed to develop the property. They were brought in at a
time when it was questionably whether the project only profitably develop the land in the Indio market of 1992.
After expending nearly $4 million and only completing 14 homes, The Drummonds foreclosed and now own
the property.
Rasic sued The Drummonds who were able to prevail on summary judgment prior to trial. Rasic prevailed at
trial on claims of breach of contract, negligence, breach of fiduciary duty and fraud, but the jury only awarded
the verdict as to the claim for negligent misrepresentation.

Other Information

Post-trial motions to confirm the amounts apply to all causes of action by the plaintiff and for new trial by the defendants are set for Nov. 22, 2000.

Deliberation

four days

Length

five weeks


#120829

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390