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CONFIDENTIAL

Sep. 7, 2000

Construction
Strict Liability
Negligence

Confidential

Settlement –  $5,926,400

Judge

John C. Woolley

Court

Orange Superior


Attorneys

Plaintiff

Stephen D. McNamara


Defendant

Raymond Meyer Jr.
(Bremer, Whyte, Brown & O'Meara LLP)


Facts

The plaintiff's complex, a 261 unit, four story condominium complex with three buildings which was built between 1990 and 1995 by the defendant. The plaintiff filed an action against the defendant developer for various defects that included numerous water intrusion problems in the elevated walkways, balconies of individual units, roofs and other areas. Also, there were various fire rated construction, structural, electrical, heating, ventilation and air conditioning deficiencies.

Settlement Discussions

At mediation, the plaintiff demanded $6.5 million, the defendant offered nothing. At a mandatory settlement conference, the plaintiff demanded 6.5 million, the defendant offered nothing. At a second MSC, the plaintiff demanded $6.5 million, the defendant offered $4.1 million. On the sixth day of trial, the plaintiff reached a global settlement of $5,926,400.

Other Information

On the first day of trial, the plaintiff reached a settlement with the majority of the subcontractors and on the sixth day of trial settlement was reached with the developers and the remaining defendants.


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