Confidential
Settlement – $1,330,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Douglas Purdy
(Morris Polich & Purdy LLP)
Experts
Plaintiff
Steven W. McCormick
(technical)
Margaret Kemp-Williams
(technical)
Orla Jensen
(technical)
Barbara Belmont
(technical)
Collin Hatch
(technical)
Defendant
Bert W. Howe
(technical)
Ed Abrahamian
(technical)
Paul Okamoto
(technical)
Gerald M. Halweg
(technical)
Facts
Plaintiff owns a high-rise commercial building with a retail plaza. Defendant built the granite-tile plaza in 1990.
In 1997, investigations concluded the plaza had been defectively constructed and defendant agreed to repair the
plaza by injecting epoxy under the pavers. The repair attempt failed and created additional problems.
The plaintiff replaced the plaza in 1998 and filed suit for breach of contract and negligence.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 offer of $1,198,625 in November 1998, which defendant rejected. Subsequently, plaintiff incurred substantial additional costs. Ross Hart conducted the mediation and settlement conferences from June 1999 through the settlement date. The settlement was reached on the trial date, one year and five months after filing.
Damages
The plaintiff sought $2,391,000 for construction and design costs, expenses under the 1990 contract.
Other Information
The defendants contended it is entitled to full indemnification from its subcontractor, Regal Industries. Regal Industries declined to meaningfully participate in settlement discussions and defendants therefore continues to prosecute its cross-complaint against Regal Industries.
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