Scottdale Ins. Comp v. City of Huntington Beach
Published: Jul. 30, 2002 | Result Date: May 23, 2002 | Filing Date: Jan. 1, 1900 |Case number: 761735 – $522,661
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Harold W. Potter Jr.
(Jones & Mayer)
Kimberly Hall Barlow
(Jones & Mayer)
Experts
Plaintiff
David Bowles
(technical)
John A. Dracup
(technical)
David H. Williams
(David H. Williams Attorney at Law)
(technical)
Rodney L. DuBois
(technical)
Defendant
Theodore V. Hromadka II
(technical)
Facts
The Huntington Apartments were flooded by surface runoff on Jan. 4, 1995, during a major rainstorm. All 136
first-floor apartments were flooded with one to three inches of water.
The flood lasted about five hours, from 5:00 p.m. to 10:00 p.m. All the tenants were evacuated and it took
approximately seven months to repair the apartments and obtain certificates of occupancy. Scottsdale Insurance
Co., the plaintiff, sought in subrogation $2.234 million.
Huntington Beach Associates claimed $800,000 in uninsured losses and lost rents plus
$1.1 million for below market sale of property in December 1997.
Settlement Discussions
The plaintiffs demanded $5.4 million to settle the whole case. At the voluntary settlement conference, the plaintiff wanted $400,000 from the city of Huntington Beach. Prior to trial the city offered $100,000.
Other Information
The plaintiff settled with all defendants except for the city of Huntington Beach before trial. The plaintiff is contemplating an appeal based on the contention that there was no legal basis for the court to apportion damages as the property was not historically subject to flooding. The city of Huntington Beach is contemplating an appeal because their belief is that there is no causation between the surface runoff that entered the apartments off the street came from other public entities and that they are not responsible for the 405 Freeway's blockage of the natural drainage.
Length
30 days
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