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CONFIDENTIAL

Sep. 8, 2004

Contracts
Breach of Contract
Construction Defect

Confidential

Settlement –  $1,320,000

Judge

Susan Bryant-Deason

Court

L.A. Superior Central


Attorneys

Plaintiff

George D. Bojic

Matthew J. Geragos
(Geragos Law Group)

Brian S. Kabateck
(Kabateck LLP)


Defendant

John Claudio

Edward F. Morrison Jr.
(Morrison Law Group)


Experts

Plaintiff

John W. Ortiz
(technical)

Brad Hammerstrom
(technical)

Frederic S. Fox
(Kaplan, Fox & Kilsheimer LLP) (technical)

Mark Schaffer
(technical)

Defendant

Russell Pond
(technical)

Roger C. Noppe
(technical)

Matthew Phillipe
(technical)

Facts

An 80-year-old toy warehouse in the artist district of Los Angeles was converted to 20 residential/condominium lofts. The plaintiff brought claims for a number of construction defects, including the omission of certain soundproofing components which exposed the homeowners to excessive sound transmission through the party walls and floor/ceiling assembles, including everyday sounds of conversations, TVs, bathroom activities as well as a variety of everyday noises.

Settlement Discussions

The plaintiffs offered to settle for $750,000; the defendants offered to pay varying amounts in excess of $100,000. The case ultimately settled for $1,320,000 after the second week of jury trial.


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