Michelle Jackino v. Andrew Sussman
Published: Oct. 9, 1999 | Result Date: Aug. 16, 1999 | Filing Date: Jan. 1, 1900 |Case number: BC184787 Verdict – $414,900
Judge
Court
L.A. Superior Central West
Attorneys
Plaintiff
Defendant
Facts
In March 1996, plaintiff Michelle Jackino purchased a house in the Hollywood Hills from defendant Andrew Sussman, an architect. The transfer disclosure statement stated that there was no major earthquake damage to the property. Escrow closed in April 1996. In June 1996, the plaintiff received a notice from the city of Los Angeles to submit proof of correction of earthquake damage. Soon thereafter, the plaintiff claimed, she began to notice patched cracks re-open, and to hear popping noises. The plaintiff also claimed she experienced water intrusion and damage. The plaintiff's investigation revealed that in March 1994, the defendant had submitted a claim for a $104,000 reduction of the property tax assessment due to damage from the 1994 Northridge earthquake. The plaintiff also learned that the defendant had submitted a claim to his earthquake insurer for the same amount, and received payment for this claim. Plaintiff Michelle Jackino brought this claim against defendant Andrew Sussman based on misrepresentation and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $399,000. The defendant made a settlement offer of $130,000.
Damages
The plaintiff claimed $414,900 in compensatory damages ($325,000 for repairs, $40,000 for expert consultation fees, $50,000 for relocation costs), plus punitive damages. The punitive damages claim settled at the close of evidence.
Other Information
The verdict was reached approximately one year and seven months after the case was filed. A two-day mediation was held before Hon. Leonard Wolf, retired, resulting in no settlement.
Deliberation
three days
Poll
11-1
Length
15 days
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