John Fulton v. Modern Excavating & Paving, Inc., Stuart Floor Sales Co., M&L Construction, Jesse and Gwendolyn Jones
Published: Jun. 29, 1996 | Result Date: Mar. 4, 1996 | Filing Date: Jan. 1, 1900 |Case number: 383853 – $33,000
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Pablo Castro
(technical)
Michael Helmich
(technical)
Thomas R. Adams Jr.
(technical)
Defendant
Robert Garcia
(technical)
Facts
In December 1990, the overhead water pipes froze and burst causing major water damage to the interior of plaintiff John Fulton's residence. Between May and June of 1991, defendant, Stuart Floor Sales ("Stuart"), a subcontractor, removed and replaced the hardwood floors. In January of 1992, the floors buckled in five areas. Defendant Stuart refused to do repairs until a new drainage system was installed. The plaintiff contracted to have this completed in June of 1992, whereupon Stuart came back and did the repairs in September of 1992. The floors continued to buckle each rainy season. There were 150 hollow areas under the floor from 1993 to 1995. One month after the drainage system was installed, the plaintiff installed pavers at the side of his house (which caved in), as well as drainage trenches. Defendant Modern Excavating compacted additional soil in its trench repair, but the system has never functioned and the floors have continued to exhibit the same problems into 1996. Defendant Stuart gave a two-year written warranty to the plaintiff shortly after the floor installation in June of 1991, and a written estimate with an attorney's fee provision in January of 1991, before the work was started and prior to entering into a contract with defendant M&L Construction, a general contractor. The plaintiff brought this action against the defendants based on negligence, breach of contract and breach of warranty theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $___________ which was reduced to $_______ at _________________. The defendant Stuart made a settlement offer of $25,000 at the mandatory settlement conference.
Damages
The plaintiff claimed $______________ in damages.
Other Information
The verdict was reached approximately two years and nine months after the case was filed. A settlement conference/arbitration/mediation was held on ___/___/19___ before ________________ (name) of ____________ (affiliation or court) resulting in ___________. The plaintiff filed a motion for modification of the judgment to include liability of defendants Jesse and Gwendolyn Jones. Defendant Modern Excavating & Paving filed a motion for new trial even though it had its powers suspended by the Secretary of State in 1993 prior to filing its answer and has not obtained a certificate of revivor from the Franchise Tax Board.
Length
4+ days
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