Confidential
Settlement – $1,300,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Kevin Dean Smith
(Wood, Smith, Henning & Berman LLP)
Thomas G. Wianecki
(Wesierski & Zurek LLP)
Michael A.J. Nangano
(Michael A.J. Nangano A Law Corp.)
John W. Streeter
(John W Streeter ALC)
Daniel A. Berman
(Wood, Smith, Henning & Berman LLP)
C. Ryan Fisher
(Manatt, Phelps & Phillips LLP)
Experts
Plaintiff
John M. Steinbrugge
(technical)
Michael A. Caggiano
(technical)
Les Weinberg
(technical)
Marshall Long
(technical)
Greg W. McClain
(technical)
John Hammond
(technical)
Chris Ball
(technical)
Cal Meuser
(technical)
Franklin Bames
(technical)
Allen Jacoby
(technical)
Luis De La Cruz
(technical)
Defendant
Robert F. Schwartz
(technical)
Neal Graham
(technical)
Jerome Batal
(technical)
William B. Grinnell
(technical)
David A. Levy
(Office of the County Counsel)
(technical)
Roger C. Noppe
(technical)
Rick Harris
(technical)
Ernest R. Orchard
(technical)
J. Kevin Morrison
(Altair Law LLP)
(technical)
Facts
This was a construction defects and misrepresentation case stemming from the development and marketing of a 57-unit condominium complex in North Hills, California. Construction was complete in 1990; the units then became occupied on January 15, 1990. The units originally sold for $99,000 to $145,000. Plaintiff was the homeowners association for the complex which sued on behalf of its membership for property damage and misrepresentation. Defendants were the developers of the project, the sales agent for the project, the construction manager, and the employees or agents of the developers who served as members of the board of directors of the association.
Settlement Discussions
Plaintiff contends that it demanded $2,300,000 decreased to $1,900,000 and that Defendants initially offered $250,000, increased to $450,000, and further increased to $750,000; Defendants final offer prior to settlement was $875,000.
Damages
Plaintiff claimed $2,300,000 in property damage for defects which included water penetration through roofs, decks, doorways, and balconies; improper installation and operation of heating and air conditioning; various plumbing defects; insufficient noise attenuation through party walls, floor-ceiling assemblies, and plumbing; roofing defects; garages that were constructed too short and too narrow, in violation of the building code; missing anchor bolts and hold-downs in 2 buildings; improper driveway drainage; and improperly installed rain gutters. Plaintiff further claimed $85,000 in damages for misrepresentation.
Other Information
This case was filed on March 10, 1993; one year, one month and twenty four days prior to this result.
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