| Construction defects involving leaking roofs and windows,
stucco problems and various other defects. Action against developers
was based on strict liability, breach of warranty and negligence.
Settlements totalling $15,688,665.00 |
| Plaintiff's Medical Expert Witnesses |
None |
| Defendant Medical Experts |
None |
| Plaintiff's Technical Expert Witnesses |
Over 25 experts, a complete list available upon request. |
| Defendant's Technical Expert Witnesses |
Too numerous to mention. |
| Defendant Insurance: |
N/A |
| Date, Time and Place of Incident (s) |
Between 1984 and 1992 defendant developers constructed
a 462 unit condo project in Palm Desert. Plaintiff HOA claimed
construction defects including leaking roofs and windows, stucco
problems and various other defects. Plaintiff HOA brought an action
against developers based on strict liability, breach of warranty
and negligence theories of recovery. Partial settlement offer accepted
two weeks before trial date. |
| Facts and Background |
N/A |
| Plaintiff's Contentions, Allegations |
N/A |
| Injuries and/or Damages |
N/A |
| Defense: |
None |
| Notes: |
Plaintiff made a C.C.P. 998 demand of $18 million
which was rejected. Earlier in the case, plaintiff took another
partial settlement of $1.5 million which, together with this partial
settlement brings total partial settlements to over $11 million.
Plaintiff is still pursuing its direct action against various subcontractors
and jointly prosecuting cross actions for indemnity and defense
dollars against all remaining non-settling parties. |
| Specials: |
N/A |
| Demand: |
N/A |
| Offer: |
N/A |
| Prior Arbitration: |
N/A |
| Settlement Amounts: |
$15,688,665.00 |
| Verdict or Award: |
N/A |
| Other Verdict Details: |
N/A |
| Length of Trial: |
N/A |
| Jury: |
N/A |
| Jury Polled: |
N/A |
| Post Trial Motions and Post Verdict Settlements |
N/A |
| Attorney for client |
C. Brant Noziska and Neal H. Rockwood |
| Attorney for defendant |
N/A |
| Individual Defendants |
Construction defects involving leaking roofs and windows,
stucco problems and various other defects. Action against developers
was based on strict liability, breach of warranty and negligence.
Settlements totalling $15,688,665.00 |
