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CONFIDENTIAL

May 28, 1994

Breach of Contract
Condominium Development
Construction Defect

Confidential

Settlement –  $5,500,000

Judge

Jerrold S. Oliver

Court

Riverside Superior


Attorneys

Plaintiff

Michael D. Dicks
(Dicks & Coglianese LLP)

Thomas E. Miller
(Miller Law Firm)


Defendant

John O'Nara

Joyia Z. Greenfield

Keith D. Koeller


Experts

Plaintiff

John C. Stevenson Jr.
(technical)

Peter Poutney
(technical)

Wendell Allbrect
(technical)

William J. Sevier
(technical)

James R. Libby
(technical)

Defendant

Seb J. Ficcadenti
(technical)

Robert W. Johnson CPA
(technical)

Paul Henry
(technical)

Eric Klock
(technical)

Mike Stevens
(technical)

Bing C. Yen
(technical)

Facts

In the 1980's 3 Defendant developers/builders constructed a 960-unit condominium complex. The units originally sold at $120-130,000 per unit. Plaintiff residents and members of the homeowners' association alleged construction defects.

Settlement Discussions

Plaintiffs contend their demand was $21,000,000 total ($9,000,000 resolved and $12,000,000 pending) and Defendants' offers are to remain confidential. Defendants contend that Plaintiffs' demand was $78,000,000.

Damages

Defective roofing, cracked slabs, deficient structural framing, window leaks, cracked stucco, deficient air conditioning, faulty plumbing, and faulty electrical -- repair costs were not disclosed.

Other Information

This is a partial settlement by two of the three Defendant developers/builders have settled the claims against them; the case against the third developer/builder (who built the first 512 units) is scheduled for trial in July of 1994.


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