Confidential
Settlement – $5,568,000Judge
Mediator
Court
San Mateo Superior
Attorneys
Plaintiff
Thomas E. Miller
(Miller Law Firm)
Defendant
Experts
Plaintiff
Robert W. James
(technical)
Robert R. Powell
(Powell & Associates)
(technical)
Albert Buchignani
(technical)
Edward F. Diekmann
(technical)
Ernest R. Orchard
(technical)
Defendant
Jax Kneppers
(technical)
T.A. Barnebey
(technical)
Donald H. Hillebrandt
(technical)
James F. Mayersieck
(technical)
Glen R. Taylor
(technical)
Wulf Clemens
(technical)
Facts
The plaintiff in this case was the homeowners association of a 224-unit residential complex located in San Mateo built in 1983-1984. The plaintiff alleged the complex was plagued by construction defects such as, soils subsidence, leaking roofs and decks, resulting in dryrot of the framing members, deterioration of interior drywall, plumbing deficiencies and engineering and electrical code violations. The plaintiff brought this action against the developer and general contractor based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $__________. The defendants made a C.C.P. º998 offer of compromise for $____________ .
Damages
The plaintiff claimed cost of repair was $7 million.
Result
WE NEED THE CITY OF LOCALE OF THE FOLLOWING EXPERTS: Albert Buchignani _________________, James Meyersieck ___________________, T.A. Barnebery _______________, Wulf Clemens _______________ .
Other Information
The settlement was reached approximately eight months after the plaintiff's counsel substituted into the case and 3+ years after filing. MEDIATION: Several mediations were held before William L. Nagle who was appointed special master/mediator in the case. He conducted several days of mediations with the parties to narrow the issues in the case. A two-day mediation conference was held on April 7 and 8, 1998, before Randall W. Wulff, Esq. of the firm of Farella, Braun & Martel in San Francisco, resulting in the reported settlement.
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