Edward John Dahlen, Jr. and Rebecca Diana Dahlen v. Michael S. Robb and Mary E. Robb
Published: Jun. 20, 1998 | Result Date: May 6, 1998 | Filing Date: Jan. 1, 1900 |Case number: 754167 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Daniel J. Callahan
(Callahan & Blaine)
Experts
Plaintiff
Daniel J. McNicoll
(technical)
Terri Barker
(technical)
Tom Sears
(technical)
Defendant
Jack Carnes
(technical)
Peter Cruz
(technical)
Burton E. Smith
(technical)
Facts
In October 1994, the plaintiffs purchased a house for $790,000 in the Hunt Club in San Juan Capistrano. The plaintiffs alleged that shortly thereafter, they suffered numerous undisclosed defects including, but not limited to, wind and rain coming through a majority of the windows in the house, doors that would not open, etc. The plaintiffs brought this action against the sellers based on intentional misrepresentation, negligent misrepresentation, concealment, and violating of Civil Code ºº1102 which requires an accurate disclosure of all material facts on a statutorily mandated Transfer Disclosure Statement.
Settlement Discussions
Per plaintiffs, they made a settlement demand for $99,999.99. The defendants made a statutory offer of $25,000, later increased to $49,999, but revoked all offers after trial commenced. Per defendants, upon commencement of the action, plaintiffs made a settlement demand of $137,500 on all defendants, later settled with defendants broker for $12,500, and then reduced their demand during trial to $99,999.99.
Damages
The plaintiffs claimed $79,400 in economic damages. Per defendants, the plaintiffs withdrew their claim for punitive damages prior to closing argument.
Result
WE NEED THE CITY OF LOCALE OF EXPERTS TERRI BARKER __________________ , TOM SEARS ________________
Other Information
The verdict was reached approximately 2+ years after the case was filed. The first trial commenced on March 30, 1998, and ended in a mistrial declared by Commissioner Dennis Keough on April 6, 1998, arising from allegedly prejudicial statements made in opening statement by defense counsel Daniel J. Callahan. The jury was excused, and the jury for the second trial was selected over the next two days. The verdict on the second trial was reported on the afternoon of May 6, 1998. The plaintiffs have moved for a new trial and judgment notwithstanding the verdict based upon alleged misconduct of defense counsel. The defense has brought a motion for attorney fees and costs which are to be awarded to the prevailing party pursuant to contract.
Deliberation
approximately two days
Poll
9-3
Length
19 days (per defendant) 24 days (per
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