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CONFIDENTIAL

Jun. 22, 1996

Construction
Construction Negligence
Condominium Complex

Confidential

Settlement –  $1,900,000

Judge

H. Warren Siegel

Court

Orange Superior


Attorneys

Plaintiff

Ross W. Feinberg
(JAMS/Feinberg Mediation Services Inc.)


Defendant

Joseph J. Cullen


Facts

Between ________ 19, to ________ 19, the defendant developer constructed a 96 unit condominium complex in Aliso Viejo. Beginning in ______ 19, the plaintiff homeowners association began noticing ___________ ( types of problems). The plaintiff contended _____________. The defendants claimed against the defendant (s?) based on strict liability, breach of contract, breach of warranty, breach of contract of good faith and fair dealing, negligence and __________________ theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $_____________. The defendant developer made a C.C.P. º998 offer of compromise for $_____________. The defendant general contractor made a C.C.P. º998 offer of compromise for $________. The defendant subcontractors made C.C.P. offers of compromise for $____________ (in the aggregate).

Damages

The plainitff claimed $__________ in cost of repair damages.

Other Information

The settlement was reached approximately two years after the case was filed. A ten day mediation session was held between ____/____/19___ before the Honorable Jerrold S. Oliver, retired and (??) Alexander Polsky of JAMS/Endispute resulting in the reported settlement.


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