Jones v. Davis, et al.
Published: Nov. 26, 2002 | Result Date: Oct. 10, 2001 | Filing Date: Jan. 1, 1900 |Case number: SC026170 Verdict – $115,500
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Steven J. Shapero
(Shapero & Shapero)
Defendant
Mark C. Carlson
(Carlson Law Group Inc.)
Experts
Plaintiff
Robert T. Jacobs
(technical)
Vickie Gill
(technical)
Alan D. Wallace
(technical)
Michael F. O'Donnell
(technical)
Martin Lieurance
(technical)
Facts
The plaintiffs instituted this action for fraud, breach of duty to disclose, breach of duty of honest and fair dealing
and good faith, breach of fiduciary duty, constructive fraud, failure to disclose defects, professional negligence,
negligent misrepresentation, negligence and breach of statutory duties arising out of the purchase and sale of
residential real property located in Lynn Ranch, Thousand Oaks, Ventura County.
The sale price was $370,000 and escrow closed on May 29, 1998. The defendants
Young Realtors and Jan Guttman were the brokers and sales agent representing the plaintiffs in
the transaction. The defendant Farmer, a licensed contractor, was the home inspector referred
by the defendants Young and Guttman and hired by the plaintiffs to conduct inspections at the
property. After the close of escrow, on May 29, 1998, the plaintiffs discovered numerous defects
in the property including but not limited to the severe separation of the rafters from the ridge,
severe sloping of the interior floors, cracks in the plaster surfaces, cracks around the foundation,
cracks around the windows and doors, jamming of interior and exterior doors and cracks on
interior concrete stem walls, among other defects. The defects were not disclosed to the plaintiffs
prior to the close of escrow, although present at that time.
Settlement Discussions
Defendants Young Realtors and Jan Guttman offered $35,000 to settle, with an indication of a bit more. Defendant Farmer offered $5,000 to settle. The plaintiffs demanded $100,000, with an indication of willingness to take a little less, but the parties never reached an agreement.
Deliberation
three days
Poll
12-0
Length
18 days
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