Confidential
Settlement – $6,200,000Judge
Mediator
Court
Orange Superior
Attorneys
Plaintiff
Thomas E. Miller
(Miller Law Firm)
Defendant
Experts
Plaintiff
John J. Nicholas
(technical)
Russell Iwanaga
(technical)
Frederic S. Fox
(Kaplan, Fox & Kilsheimer LLP)
(technical)
Steve Wong
(technical)
Ernest R. Orchard
(technical)
Roy H. Adcock
(technical)
Robert K. Burkett
(technical)
Kevin Franklin
(technical)
William "Bill" Thomas
(technical)
Defendant
Seb J. Ficcadenti
(technical)
Malcolm Lewis
(technical)
James Shrope
(technical)
Donald Waller
(technical)
Harry A. MacDonald
(technical)
Mark C. Vanderslice
(technical)
Christopher A. Allen
(technical)
H. Stanley Espenship
(technical)
Facts
The plaintiff homeowners' association consists of residents who reside in the 186-unit condominium complex built by the defendant partnership. The plaintiff claimed the condominium complex was plagued by the following construction defects: subterranean water intrusion, leaking roofs, resulting in dryrot in load-bearing structural members, deterioration of drywall, engineering and electrical code violations that manifested themselves in wiring and mechanical features. The plaintiff brought this action against the defendant based on a construction defect theory of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Damages
The plaintiff claimed damages for architectural deficiencies and code violations.
Other Information
Primary mediations were conducted in the last quarter of 1996 through March 1997 before David L. Jenkins resulting in the reported settlement.
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