Confidential
Settlement – $650,000Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Rudy L. Rodriguez
(technical)
Chester Carville
(technical)
Fred Utther
(technical)
Jim Bynum
(technical)
Defendant
Jeffrey L. Jacobs
(technical)
Avram Ninyo
(technical)
William L. Hockenberry
(technical)
Tom Burke
(technical)
Facts
In approximately 1980, the defendant developer and the defendant subcontractors constructed a 38-unit condominium complex in Torrance. The plaintiff homeowners association alleged that beginning in approximately August 1986, residents at the complex noticed various defects, including water intrusion, as well as improper waterproofing and soils problems. The plaintiff homeowners association brought this action against the defendant developer based on negligence, strict liability, breach of contract and breach of warranty theories of recovery. The defendant developer brought a cross-complaint for indemnity against various subcontractors.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $813,154.
Damages
Per the plaintiff, the plaintiff claimed $980,000 in damages resulting from improper compaction, waterproofing and other defects. Per the defendant, the plaintiff claimed $4 million in damages.
Other Information
The settlement was reached approximately four years and 10 months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on Aug. 6, 1995 before Judge Victor Barrera resulting in the reported settlement. A number of expert meetings and settlement negotiation sessions were held directly between the plaintiff and developer's counsel and experts.
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