Confidential
Settlement – $550,000Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Warren R. Wellen
(Office of the Los Angeles County Counsel)
Experts
Plaintiff
Keith W. Ehlert
(technical)
Donald Kowalewsky
(technical)
Defendant
Glen Tifani
(technical)
Facts
The plaintiffs owned three residential lots in Malibu, one improved and two unimproved. The water main was
owned by Waterworks District No. 29 and it developed a series of leaks.
The plaintiffs contended an underground leak persisting for several months destabilized the landslide and this
resulted in significant movement and the likelihood of further continuing movement. Caissons which supported
the main house which was built after the 1993 Malibu fire were operating properly. However, the guest house,
pool, walls, driveways, patio, walkways and other improvements not on caissons sustained damage. The cost
expended to repair amounted to approximately $60,000.
The plaintiffs contended that costs estimated to improve the overall safety of the slide amounted to between
$1.5 and $2 million.
The defendant contended that the residence was built on a pre-existing landslide. Any
movement caused by the water leak was transient and thereafter the landslide was no less stable
than before the leaks. The cost of remediation of the conditions attributable to the water leak
were estimated to be between $350,000 and $400,000.
Other Information
Leon Savitch was the settlement officer.
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