John Preston and Barbara Calabrese v. Coldwell Banker Residential Realty
Published: Nov. 8, 1997 | Result Date: Jun. 25, 1997 | Filing Date: Jan. 1, 1900 |Case number: N68779 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Todd F. Stevens
(Keeney, Waite & Stevens APC)
Experts
Plaintiff
Robert Garfield
(technical)
Michael Fitsimmons
(technical)
Lon Whaley
(technical)
Rick Zeihl
(technical)
Defendant
Lee R. Hess
(technical)
Eric Jensen
(technical)
Dave Stanley
(technical)
Facts
Defendant Jennifer Mascarella sold a single family residence to plaintiffs, John Preston, a car dealership general manager, and Barbara Calabrese, a tack shop operator. The plaintiffs claimed that defects existed in the home such as room additions built in violation of building codes and without building permits. The plaintiffs further claimed that defendant Mascarella and her real estate broker, defendant Coldwell Banker Residential Realty, failed to disclose material defects allegedly present at the property that the defendants allegedly knew were present. The defendants contended that they did not fail to disclose any material aspects of the property and that, even if they did, the plaintiffs did not rely on the representations. The plaintiff brought this action against the defendants based on negligence, fraud and breach of contract theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $75,000. The defendants made an offer of $20,000. Defendant Mascarella recovered $50,000 in attorney fees and costs which was compromised and then satisfied by plaintiffs.
Damages
The plaintiffs contended the cost to remedy the defects exceeded $70,000.
Other Information
The verdict was reached approximately two years after the case was filed. An arbitration was held before Stephanie Sontag of Post, Kirby, Noonan & Sweet (San Diego) resulting in an award for plaintiffs for $3,000 (according to defendant Mascarella), $4,000 (according to defendant Coldwell). The plaintiffs requested a trial de novo. Motions for judgment notwithstanding the verdict and new trial were denied. Motion for attorney fees by defendant Mascarella was granted in full.
Deliberation
two hours
Poll
9-3
Length
six days
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