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Construction
Breach of Contract
Breach of Fiduciary Duty

Luise Graner v. Jerome Tamen, Nelly Tamen, Otis Blackmon, Architronics, Jose Lara, Three D Roofing

Published: Mar. 11, 2000 | Result Date: Jun. 14, 1999 | Filing Date: Jan. 1, 1900 |

Case number: EC023989 Verdict –  $257,000

Judge

Mortimer Franciscus

Court

L.A. Superior Alhambra


Attorneys

Plaintiff

Andrew D. Weiss
(Law Offices of Andrew D. Weiss)


Defendant

Charles T. Rose

Yvone E. Martinez

Michael T. Ungar


Experts

Plaintiff

Richard D. Bowen
(technical)

Christopher Sartori
(technical)

Facts

PlaintiffÆs home in Burbank was damaged during the Northridge earthquake. After performing initial foundation
stabilization work, plaintiff made claims against her earthquake insurer and obtained a FEMA loan through the
SBA for earthquake repairs. Thereafter, plaintiff hired Architronics Corp. in December 1996, to perform
earthquake repairs and remodeling.
In April 1998, shortly after receiving their last payment, defendants abandoned the project before the work was
completed. Defendants left holes in the floor, asbestos dust under the house, walls unpainted and without
wallpaper and construction in a defective condition.
During construction, a portion of the roof was removed and left unprotected during a
rainstorm resulting in water damage that was never repaired. Plaintiff spent $15,200 repairing
the holes in the floor, painting, repairing the water damage and on other cosmetic repairs.

Settlement Discussions

The plaintiff offered to settle with Lara for $5,000. Lara offered $1,500. Plaintiff offered to settle with all other defendants, except Lara and defendant roofing contractor, for $79,000.

Result

Negligence, breach of contract, violation of unfair trade practices and punitive damages against Architronics for respectively, $15,000, $20,000, $1,000 and $150,000. Punitive damages against Nelly Tamen for $50,000. Breach of fiduciary duty against Architronics and Nelly Tamen for $8,000. Defendants won for RICO cause of action. Defense verdict in favor of Lara. Defendant roofing contractor settled with plaintiff prior to trial for $24,000.

Other Information

Defendant 5 settled with plaintiff prior to trial for $24,000.

Deliberation

three days

Poll

12-0

Length

11 days


#83556

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