Moghaddam and Raffi v. Re/Max Beach Cities Realty, Janet Stoll and Douglas Stoll
Published: Jan. 1, 2000 | Result Date: Oct. 7, 1999 | Filing Date: Jan. 1, 1900 |Case number: BC089772 Verdict – $185,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Rebecca B. Mocciaro
(Law Office of Rebecca B Mocciaro)
Experts
Plaintiff
Joseph Montagna
(technical)
Donald Cobleigh
(technical)
Defendant
Alan D. Wallace
(technical)
Jack Eagen
(technical)
Facts
In 1987, defendants Douglas and Janet Stoll, purchased a house and lot in Redondo Beach with the purpose of demolishing the small house and swimming pool and building a larger house on the property. After the house was built, Janet Stoll lived in the house for a few years and then sold it to plaintiffs in 1991. Plaintiffs noticed some cracking in the house and reported it to their property insurance carrier. The carrier performed geological tests and examined the City records. In doing so they discovered the former swimming pool under a portion of the current premises. In the sale, no disclosure was made of the existence of the fill or the previous pool. In the Real Estate Transfer Disclosure Statement, when asked if seller was aware of "Landfill, compacted or otherwise, on the property", Janet Stoll checked "No". Upon further examination of the fill, it was discovered that asphalt, ducting, appliances, conduit, wood and other building materials had been dumped into the former pool prior to covering with a layer of soil and landscaping. Re-Max Beach Cities Realty filed for and was discharged in backruptcy during the pendency of the litigation. The case was continued by stipulation against a policy of insurance which Re-Max had prior to discharge. In addition, Janet and Douglas Stoll filed for and were discharged in backruptcy during the litigation and moved out of state.
Settlement Discussions
The plaintiff made a settlement demand for $100,000. The defendant made an offer for $30,000 (from Re-Max), $30,000 (from Stoll)
Damages
Cost of repair for $245,000.
Injuries
The plaintiffs claimed of settling and cracking of structure. Plaintiffs demanded cost of repair.
Other Information
The verdict was reached approximately five years after the case was filed. Defendant Re/Max Beach Cities Realy's motion for a new trial and for Judgment notwithstanding the verdict were both denied on Nov. 23, 1998. Three mediation sessions were held before Jerry Roth on July 2, 1998, Judge G. Keith Wisot of JAMS on Feb. 3, 1997 and Judge Peter S. Smith on Aug. 9, 1996.
Deliberation
two days
Poll
9-3 (negligent misrepresentation), 10-2 (negligence and/or breach of brokers' duties)
Length
nine days
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