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Contracts
Breach of Contract
Negligent Construction

Amir Kondori v. Apex Home Builders, Inc., Wolfgang Hocke, Community Management Services, Inc., American Contractors Indemnity Company

Published: Apr. 24, 2020 | Result Date: Nov. 19, 2019 | Filing Date: Jan. 29, 2016 |

Case number: 16-1-CV-290927 Bench Decision –  Defense

Judge

Patricia M. Lucas

Court

Santa Clara County Superior Court


Attorneys

Plaintiff

Joseph W. McCarthy
(Law Office of Joseph W. McCarthy)


Defendant

K. Anderson Franco
(De la Pena & Holiday LLP)

Gregory R. Dela Pena
(De la Pena & Holiday LLP)

Kevin N. Labarbera
(de la Pena & Holiday LLP)


Facts

Plaintiff Amir Kondori, a condominium owner, filed suit against Community Management Services Inc. in relation to work performed on his unit.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant hired a contractor who negligently damaged his unit.

Plaintiff's causes of action included breach of contract, negligence, negligent construction, defective workmanship, negligent hiring, vicarious liability, and recovery against a license bond.

DEFENDANT'S CONTENTIONS: Defendant contended that it did not hire the contractor who allegedly damaged plaintiff's unit.

Settlement Discussions

Defendant Community Management Services made a CCP 998 offer for $5,000 before trial.

Damages

Plaintiff alleged damages exceeding $50,000.

Result

The court entered judgement in favor of Community Management Services.

Length

one day


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