Confidential
Settlement – $612,000Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Gabriel H. Wainfeld
(York & Wainfeld)
Facts
In 1991, defendants designed and constructed plaintiff's luxury, single family residence in the Venice Canals. Shortly after the plaintiff moved in, he observed continuing problems, including water intrusion which became apparent after rains. These problems were reported to defendant construction manager. Each time they were reported, he promised to repair the problem and represented to plaintiff that he was attempting to do so. Thereafter, the problems re-occurred. Plaintiff suffered ongoing water intrusion, structural and deck problems. The plaintiff brought this action against defendants, the designer and construction company, based on negligence, breach of contract and breach of warranty theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $999,999. The defendants made an offer of $300,000.
Damages
The plaintiff claimed cost of repair in excess of $580,000, plus emotional distress damages.
Other Information
The settlement was reached approximately two years after the case was filed. MEDIATION: A mediation was held over two months before Ross Hart of the American Arbitration Association resulting in the reported settlement. Per plaintiff, this case was settled prior to the recent court of appeal decision of Erlich v. Menezes recognizing a cause of action for emotional distress absent physical injury in a construction defect case.
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