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CONFIDENTIAL

Aug. 12, 2000

Contracts
Breach of Contract
Negligent Misrepresentation

Confidential

Settlement –  $600,000

Judge

Jay M. Bloom

Court

San Diego Superior


Attorneys

Plaintiff

Greg A. McAtee

Jeff G. Harmeyer


Defendant

Thomas W. Byron
(Byron & Edwards APC)


Experts

Plaintiff

Gregory P. Silver
(technical)

Randy A. Tagg
(technical)

Jeffrey A. Johnson
(technical)

Defendant

Michael S. Chapin
(technical)

Facts

Defendant city contracted with the defendant to design a repair to a landslide area. The area of the landslide was stabilized. However, a second failure occurred, less than six months after the stabilization project was completed. The plaintiff brought this action against the defendant based on breach of contract, breach of express warranty, negligence, negligent misrepresentation and declaratory relief.

Settlement Discussions

Prior to trial, the plaintiff demanded $800,000. The defendant offered $250,000 by C.C.P. Section 998. The case settled after the plaintiff rested its case.


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