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Torts
False Claims Act
Unfair Competition

City of Los Angeles v. Advanced Development & Investment, et al.

Published: Jan. 10, 2015 | Result Date: Jul. 30, 2014 | Filing Date: Jan. 1, 1900 |

Case number: BC460066 Settlement –  $7,500,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Deborah J. Breithaupt
(Office of the Los Angeles City Attorney)

Craig Takenaka
(Office of the Los Angeles City Attorney)


Defendant

Sajan Kashyap

William M. Miller

Michelle J. Correll

James L. Goldman
(Miller Barondess LLP)

Michael L. Wachtell


Facts

The City of Los Angeles sued Advanced Development & Investment and Pacific Housing Diversified, and individual defendants, in connection with the construction of affordable housing projects in the city.

Defendants Advanced Development & Investment and Pacific Housing Diversified have been in Receivership since February 2010.

Contentions

PLAINTIFF'S CONTENTIONS:
The city accused defendants of defrauding the city in connection with the pre-development, pre-construction, and construction of affordable housing projects in the city and for using funds and loans from the Affordable Housing Trust Fund. The city asserted causes of action under the False Claims Act and the California Unfair Competition Law, as well as causes of action for fraud, constructive fraud, deceit, RICO violations, conspiracy, negligence, breach of contract, breach of implied covenant of good faith and fair dealing, injunctive relief and accounting, and constructive trust.

DEFENDANTS' CONTENTIONS:
Certain individual defendants denied the city's allegations, and asserted various affirmative defenses.

Result

The city settled the dispute with respect to corporate defendants Advanced Development & Investment and Pacific Housing Diversified in the amount of $7.5 million.

Other Information

David J. Pasternak is the Receiver for Advanced Development & Investment, Pacific Housing Diversified, and their affiliated and related entities. The Hon. Carl West, ret., acted as limited powers receiver with respect to the settlement negotiations between the City of Los Angeles, Advanced Development & Investment and Pacific Housing Diversified.


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