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CONFIDENTIAL

May 10, 1997

Construction
Construction Defects
Breach of Fiduciary Duty

Confidential

Settlement –  $150,000

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Guy Roy

Lisa Hatton

Tim J. Harris


Defendant

Patrick A. Long


Facts

The plaintiff company was the developer of a 112-unit condominium project in Long Beach and the owner of two units. The defendant homeowners association sued the plaintiff in earlier litigation which was dismissed in 1993, without payment from the plaintiff, after the defendant homeowners association secured a settlement from the general contractor. The plaintiff then demanded that the homeowners association earmark some of the settlement money for the repair of common areas that allowed water to infiltrate into the plaintiff's units. After repairs were not made to the common areas affecting the plaintiff's units, the plaintiff sued the homeowners association and a member of its board. The plaintiff brought this action against the defendants based on a breach of fiduciary duty theory of recovery.

Settlement Discussions

The settlement discussions were not disclosed.

Damages

Te plaintiff claimed $300,000 (per the plaintiff) or $450,000 (per the defendants) in damages.

Other Information

The settlement was reached approximately one year and four months after the case was filed.


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