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CONFIDENTIAL

Apr. 15, 1995

Construction
Condominium Project
Fraud

Confidential

Settlement –  $901,000

Judge

Thomas C. Murphy

Court

L.A. Superior Burbank


Attorneys

Plaintiff

John J. Isaza


Defendant

Robert Nation

Steven A. Simons
(Law Office of Steven A. Simons)

Jarrett S. Anderson

Michael W. King

James M. Chantland

Richard H. Diaz

Mark Goldstein

Bonnie Fine

David L. Bell


Experts

Plaintiff

Donald Waller
(technical)

Ralph E. Phillips
(technical)

John J. Nicholas
(technical)

Rodney B. Spears
(technical)

Herb Kate Jr.
(technical)

Adrian J. MacNab
(technical)

Defendant

William H. Stockly
(technical)

Lynn W. Bockemohle
(technical)

Gavriel Berghouse
(technical)

Donald R. Hughes
(technical)

D. William Otey
(technical)

R. Dean Colin
(technical)

Facts

On June 29, 1982, Defendant contractor/developer completed the construction of a condominium project which consisted of 28 units in a 3-story building. A certificate of occupancy was issued as of April of 1983. The construction lender foreclosed on 18 of the 28 units; as a result, Co-defendant management company purchased the 18 units in 1984. Co-defendant management company did the final preparation of the units to sell them to the public as condominiums.

Settlement Discussions

Plaintiffs contend they demanded $975,000 and Defendants offered $901,000. Defendants contend Plaintiff's demand was $3,000,000.

Damages

Construction defects including framing deficiencies, plumbing problems, waterproofing issues, acoustical deficiencies, HVAC inadequacies, and electrical problems -- estimated by Plaintiffs to be worth $750,000 to $1,000,000.

Other Information

This case was filed on February 22, 1993; two years before this result.


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