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Real Property
Fraudulent Concealment
Failure to Disclose

Donald Cook, Deborah Heisley v. Capital Pacific Holdings Inc., et al.

Published: Aug. 9, 2001 | Result Date: Jul. 11, 2001 | Filing Date: Jan. 1, 1900 |

Case number: BC232488 Verdict –  $400,000

Judge

Richard Fruin

Court

L.A. Superior Central


Attorneys

Plaintiff

Sean T. McGee

Alan I. Schimmel
(Schimmel & Parks APLC)


Defendant

George S. Burns

Neil Gunny

John J. Calvagna
(Clinton & Clinton)


Facts

In September 1996, the plaintiffs purchased an upscale track home under construction by developer defendant
Capitol Pacific Holdings (CPH) in the Mulholland Park Estates development. Mulholland Park is located in
the hills above Tarzana. The purchase price for the home was $1,080,000.

Result

The jury returned a verdict in favor of the plaintiffs and against defendant Capital Pacific Holdings Inc. for fraudulent concealment of material facts. In addition, the jury awarded punitive damages against defendant Capital Pacific Holdings Inc. as a result of its fraudulent conduct. Defendant Mulholland Park Homeowners Association settled with the plaintiffs for an undisclosed amount prior to jury selection.

Other Information

Defendant Mulholland Park HOA settled with the plaintiffs for an undisclosed amount prior to jury selection.

Deliberation

one day

Length

10 days


#99406

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