Confidential
Settlement – $615,000Judge
Court
L.A. Superior Pasadena
Attorneys
Plaintiff
Nicholas A. Boylan
(Law Office of Nicholas A. Boylan, APC)
Defendant
Experts
Plaintiff
Fred J. Meyer
(technical)
Rodney B. Spears
(technical)
Randal Lim
(technical)
Donald Waller
(technical)
Edward K. Takahashi
(technical)
Defendant
Jay R. Gorman
(technical)
Barry L. Houseal
(technical)
Robert M. Ellis
(technical)
Facts
The plaintiff homeowners, association of a 76-unit condominium development located in Duarte claimed that the defendant developers (settled) were responsible for construction defects. The developer defendants settled that case, in part, by payment of $1.8 million plus an assignment of all of the developers' express indemnity claims against the subcontractors that built the project. Most of the subcontractors settled before trial, leaving three subcontractors (the plasterer, the sheet metal contractor and the exterior concrete flatwork contractor) to proceed to trial. The plaintiff brought this action against the defendants based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $800,000. The defendants made no settlement offers.
Damages
The plaintiff claimed $1.2 million in damages.
Other Information
The settlement was reached approximately two years and six months after the case was filed. MEDIATION: A mediation was held before Ross Hart of AAA. It did not resolve the matter. Plaintiff's counsel stated that the mediation was "very disappointing, wasteful and unproductive." He added that the parties negotiated the $615,000 settlement themselves.
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