Aviara Master Association v. Aviara Land Associates
Published: Jul. 27, 2004 | Result Date: Mar. 11, 2004 | Filing Date: Jan. 1, 1900 |Case number: GIC745409 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Experts
Defendant
John Hardisty
(technical)
Jack Neal
(technical)
Timothy Delise
(technical)
Norbert Lohse
(technical)
Facts
Aviara Master Association was a homeowners association based in La Jolla. Between 1994 and 2000, it contracted to have 11 miles of perimeter fencing at its development in Carlsbad constructed in several subdivisions.
Settlement Discussions
Before trial, the developer group settled with Golden State for $725,000, which was then used as part of a larger settlement with the homeowners association. On the remaining claims, Golden State made C.C.P. Section 998 demands of $175,000 each from Wrought Iron and B&L. Wrought Iron made a Section 998 offer of waiver of costs and B&L offered $15,000.
Damages
In the original action which resolved, the homeowners association sought approximately $11 million in damages from the developers to cover the costs of replacing the fencing. The developer group demanded indemnity from Golden State. In this trial, Golden State sought $725,000 in reimbursement for the amount it paid to settle with the developer group.
Other Information
The court granted Wrought Iron and B&L's motion to exclude evidence of fences on grade because they were not damaging any other property. Those fences were 70 percent of Golden State's claim. This left 30 percent of the claim, consisting of fences on masonry walls, for the jury to decide.
Deliberation
2.5 hours
Poll
9-3
Length
seven days
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