Astragal HOA v. Astragal LLC, et al.
A $4,762,748.00 settlement by partner Mickey McGuire for a condominium development in Arizona that suffered serious damage to its floor trusses from water intrusion through decks, doors and windows.
La
Jolla Alta Master Council v. City of San Diego
This case involved an improperly maintained storm drain system in a La Jolla Canyon that threatened the homeowners living in on and in the area of Alta La Jolla Drive. In a La Jolla neighborhood near Soledad Mountain Road, the City of San Diego created and operated a storm drainage system that incorporated property owned by Plaintiff. The operation of this storm drainage system by the City over several years created a massive ravine across Plaintiff's property, threatening citizens, homes, and Alta La Jolla Drive, a public road. The homeowners brought an inverse condemnation action against the City to force repairs and prevent a landslide. After the verdict a settlement of $4,500,000.00 plus over $5,000,000.00 in repairs was reached for damage caused by the operation of its storm drain system.
Oasis Palm Desert HOA
v. Covington Technologies
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
Albert J. Reed, et al.
v. Davidson, et al
This was an action for damages arising out of
the defective construction of 42 homes in Del Mar, California.
The homes were individually owned and the issues involved related
to the separate interests of the homeowners. Intially the plaintiffs
complained that the windows were defectively installed and manufactured.
Additionally, the developer and general contractor defectively
constructed the retaining walls, the roofs did not conform to industry
standards or manufacturers recommendations, exterior garden walls
were defectively constructed, hot water plumbing lines were corroding
beneath the slabs as evidenced by several pipe ruptures and other
miscellaneous defects involving the doors delaminating, attics,
floors uneven and squeaking. The case settled for $3,493,600.00.
This case resulted in an Outstanding Trial Lawyer Award for Mr.
McGuire.
Cambridge Terrace HOA
v. Odmark Thelan et al
A construction defect case. The HOA identified
18 separate areas of deficiencies in the construction of the Cambridge
Terrace project: Roofs; framing; area separation assemblies; bathrooms;
floors; stucco/exterior plaster; hardboard siding/wood trim; windows;
acoustical; stairways; site work/exterior elements; interior gypsum
board; garages; nonstructural framing; mechanical; electrical;
civil; seismic elements; and miscellaneous items. On the eve of
trial the developer/general contractor and the Association reached
a $6,500,000.00 settlement.
La Jolla Village Homeowners
Association v. Donald Bren et al
$22,400,000.00 Jury Verdict and Confidential
Pre-trial Settlement Client: LA JOLLA VILLAGE HOMEOWNERS ASSOCIATION
Construction defect suit involving roofs, drainage, land
subsidence,
slope failure, and structural defects in 419 unit condominium project.
Jury found defendant defrauded Association, thus preventing the
application of statute of limitations defenses which would have
barred recovery of most of the units.
Mount La Jolla Village
HOA v. Baxter et el
$18,000,000.00 settlement against developer and
subcontractors for damages to a 234 unit condominium project resulting
from improperly filled land, poor drainage and inadequate maintenance
funding.
Pacific Panorama HOA v.
Allen et al
$1,800,000 Jury Verdict against the developers
and builders of a 19 unit condominium project. The jury returned
a verdict on the issues of fraud, negligence, breach of warranty
and fiduciary duty, and strict liability.
Oak Hills 1 and 2
$12,000,000 Jury Verdict/Settlement Client: OAK
HILLS I and 2 Two suits against developers for constructing 110
unit single family development at the toe of large ancient
landslide.
Jury found in first case that the developer knew of slide's
location and risk. The jury also found the developer acted in conscious
disregard of the plaintiffs' rights and awarded over $3,000,000.00
in punitive damages. Second suit by remaining homeowners settled
quickly.
Century Woods HOA v. Crossman
et al
$7,500,000.00 Settlement of a 60 unit condominium
case in Century city. suit alleged structural design defects which
would cause more damage to buildings in the event of earthquake.
Suit settled for full repairs 30 days after Northridge, CA earthquake
on the first day of trial. Confidential settlement exceeding $1,000,000.00
Thomas Hitzel et al v.
City of Laguna Beach et al
Confidential settlement exceeding $1,000,000.00
Suit for personal injuries and destruction of real property arising
from a landslide which destroyed one home. The Hitzel family were
sleeping in their home when it began to slide and had to jump from
a window in order to escape with their lives. The principal settlement
involved the soils engineers who missed the existence of an ancient
landslide during evaluation of the lot prior to construction.
Brown/Songsteen v. Cameron
Bros. et al
A $5,700,000.00 settlement on behalf of 56 homeowners
who suffered damages as a result of landslides, subsidence
and expansive soils.
Harvey v. Christiana Community
Builders et al
$9,000,000.00 settlement and buyback in Tierrasanta
involving homes that suffered damages as a result of fill
subsidence and expansive soils. The settlement included payment of money or
buying back of homes in excess of undamaged market value.
Baldwin et al v. Carlton
Santee Corp. et al
$12,000,000.00 jury verdict and settlement for
two against developers for constructing a 110 unit single-family
development at the toe of a large, ancient landslide. This case
involved 150 individual clients. The jury in the first case found
the developer acted in conscious disregard of the plaintiffs' rights
and awarded over $3,000,000.00 in punitive damages. Mr. McGuire
was honored with an Outstanding Trial Lawyer Award and Trial Lawyer
of the Year Award for this case.
Arce v. Carlton Santee
Corp et al
An $8,000,000.00 settlement for a construction
defect case resulting from landslides and land subsidence. This
was a followup to Baldwin v. Santee and involved 60 plaintiffs.
Jodie and Mark Kirst et
al v. Riderwood Village
Personal injury and property damage claim involving
family of four whose exposure to mold and bacteria damaged their
immune systems. Actual damages less than $25,000.00 but a confidential
settlement was reached exceeding $1,000,000.00.
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