Gloria Duggan-Steinberg v. Blue Lagoon Community Association, Gary and Sonia Brody
Published: Jul. 18, 1998 | Result Date: Jun. 19, 1998 | Filing Date: Jan. 1, 1900 |Case number: 775318 Verdict – $141,250
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Gregory W. Axten
(technical)
Andrew Puccetti Ph.D., CIH
(technical)
Alan Dunn
(technical)
Defendant
Friedrich Reichlin
(technical)
David M. King
(technical)
Stuart Salot
(technical)
Facts
Plaintiffs Gloria Duggan-Steinberg and Mark Steinberg owned a unit at the Blue Lagoon Community in Laguna Beach since 1987. Beginning in 1992, the plaintiffs claimed that the Blue Lagoon Association failed to maintain common areas and allowed a neighbor (Brody) to construct a walkway. Allegedly, both caused moisture intrusion and resulted in mold developing in the plaintiffs' unit. The plaintiffs brought this action against the defendant based on breach of fiduciary duty, negligence, breach of CC&Rs, nuisance and trespass.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $500,000. The defendants made a joint C.C.P. º998 offer of compromise for $52,000.
Injuries
The plaintiff claimed that she developed allergies to the mold and suffered emotional distress and property damage to the interior of the condominium unit.
Other Information
The verdict was reached approximately one year and four months after the case was filed.
Deliberation
nine hours
Poll
12-0 (negligence as to Blue Lagoon Community Association; 12-0 (as to both defendants on breach of CC&Rs); 12-0 (as to both defendants on nuisance); 12-0 (as to defendant Blue Lagoon as to breach of fiduciary duty); 12-0 (as to defendant Brody on trespass)
Length
14 days
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