Jack Castella v. Michael Kirros; Prudential California Realty, et al.
Published: Nov. 1, 1997 | Result Date: May 15, 1997 | Filing Date: Jan. 1, 1900 |Case number: 38842 – $97,391
Judge
Court
Stanislaus Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Patrick Dell
(technical)
Doug White
(technical)
Brad DeBoer
(technical)
Jim Feeney
(technical)
Rich Paddock
(technical)
Facts
The plaintiff purchased a house in 1994 from defendants Michael Kirros and Barbara Knoll. The plaintiff's agents were Ron and Carol Feldhaus of Prudential California Realty. The house was built by defendant Wilford Knoll (Barbara's father). The plaintiff hired an inspector recommended by his agents, and he found soil sloping toward the house (it was built on a hill) and warned of moisture problems. The agents did not discuss this with plaintiff or make any recommendations. The plaintiff bought the house, and several weeks later, the living room repeatedly flooded during rainfall. The plaintiff brought this action against the defendants based on breach of fiduciary duty, failure to disclose and negligent construction theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand of $100,000. The defendants made no offers.
Damages
The plaintiff asked for costs of repair plus $109,000 emotional distress damages.
Result
POST TRIAL MOTIONS: Motions for a new trial, to vacate the judgment and judgment notwithstanding the verdict were denied. An appeal has been filed by defendants Feldhaus and Prudential.
Other Information
The verdict was reached approximately one year and six months after the case was filed. A settlement conference was held on Sept. 17, 1996 before Judge Jack Griffen of the Stanislaus County Superior Court. It did not resolve the matter. Defendant seller Michael Kirros did not show up for trial. Seller Barbara Knoll filed for bankruptcy protection before trial and seller's agents settled before trial. Nonsuit was granted as to defendant Ron Feldhaus. Plaintiff's expert testified the cost of repair was approximately $63,500. Defendants experts were not called to testify.
Deliberation
2+ hours
Poll
12-0 (all defendants except 9-3 against Carol Feldhaus)
Length
six days
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