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Victories & Awards

Victories & Awards

Victories & Awards

William H. Naumann has over 35 years of legal experience. During that time, he has represented individuals, groups of individuals, business owners, entrepreneurs, businesses, homeowners, builders/developers and subcontractors in a variety of legal matters. Mr. Naumann has represented both plaintiffs and defendants during his career. Some of the more notable accomplishments are as follows:

Note: Many of the settlements obtained contain confidentiality clauses, thus we refer to them without the party names. Mr. Naumann reached some of the settlements below while working on the cases with the law firm of Naumann, Levine & Silldorf

Laurel Bay Community Association
Developer: Hammer Development, LLC
Settlement: $4,700,000.00
Client: Laurel Bay Community Association

The Association first identified potential construction issues when it noticed water intrusion into its multi-level subterranean parking garage. The water leaks at the below-ground garage occurred at wall cracks and at floor-to-wall intersections. The firm’s investigation included an in depth mapping of water leaks which revealed active leaks at every garage level. Upon further investigation and testing, the firm discovered that the cause of the leaks was due, in part, to failed waterproofing at podium level planters. The firm’s ability to correlate the location of the garage leaks with the location of the planters led to a successful settlement in the case.

Handling attorneys William H. Naumann and Loren K. Shiu along with co-counsel, David M. Peters, argued that the developer/converter was responsible, among other things, for the defective planters, water intrusion issues in the subterranean garage, and the resulting damage stemming from all the construction deficiencies. As a result of the firm’s construction defect investigation, the Association asserted that the developer and other responsible defendants were liable to the Association under the theory of Strict Liability, Negligence and Breach of Implied Warranty. Following multiple inspections, mediations and depositions, the firm successfully obtained a settlement for the Association in the amount of $4,700,000.00.

Anchorage Homeowners Association
Developer: Anchorage Lane II, LLC
Settlement: $1,670,500.00
Client: Anchorage Lane HOA

Our firm represented The Anchorage Homeowners Association in Point Loma, California. The damages had occurred in the common areas owned by all of the individual homeowners. More specifically, water intrusion into parking structures that were constructed below sea level. Due to the homes being adjacent to the water, this quickly because a serious issue for homeowners. After many mediations, Mr. Naumann secured the HOA a settlement of $1,670,500.00.

William H. Naumann and Loren K. Shiu, of The Naumann Law Firm were the handling attorneys.

Otay Crossings Owners Association
Developer: Otay Crossing, Inc.
Settlement: $3,099,000.00
Client: Otay Crossings Owners Association

The entire Project is comprised of eight (8) concrete tilt-up commercial/light industrial warehouses with attached office space. The Buildings contain sixteen (16) commercial/light industrial office condominiums. The plaintiff business owners contended that their newly purchased warehouses were damaged, in part, because of highly expansive soils exacerbated by defectively designed and/or constructed site drainage systems. Severe damage to the buildings was being caused by water infiltrating into the expansive soil, primarily through the planters, causing it to expand. The water infiltration was being caused by poor drainage on the property. As a result, plaintiffs would be required to incur significant costs to repair the damage.

The seller marketed and sold the properties as “new” without disclosing material facts regarding the Project’s expansive soil condition and resulting damage. The design engineers did not follow their own recommendation, which caused a chain reaction of the defects and damage to the interior and exterior of the buildings.

Mr. Naumann and Mr. Lapuyade argued that the defendants defectively designed the drainage system, causing the water infiltration to occur and cause severe damage to the buildings. Also, Mr. Naumann and Mr. Lapuyade proved that the seller sold the buildings without disclosing a key fact that the soil surrounding the building was expansive. As a result, Mr. Naumann and Mr. Lapuyade asserted that the builder/general contractor, seller, design engineers and subcontractors, were all liable to the plaintiffs business owners under the theory of strict product liability. Shortly before the start of trial, and following multiple mediations and depositions, Mr. Naumann and Mr. Lapuyade successfully obtained a settlement for their clients in the amount of $3,099,000.00.

Desert Community
Developer: Confidential
Settlement: $1,280,500
Client: HOA Desert Community

Our firm represented an Association in Palm Desert, California. The project was originally constructed as apartments and then converted to condominiums in the 2004 to 2006 time frame. Unfortunately, the converter improperly established the reserves for the Association by representing that all the components including private streets, tennis courts, and roofs were new instead of sixteen years old. As a result the Association quickly ran out of funds as components came to the end of their useful life expediencies. In addition, there were numerous construction defects including hundreds of linear feet of water supply pipes with deteriorating insulation. Settlement was complicated by the fact that the carrier for the converter was defending under a very strong reservation of rights and in fact filed a declaratory relief action against the converter during the pendency of the underlying case. After several meditations Mr. Naumann was able to negotiate a settlement of $1,280,500 for the Association.

Palm Springs Community
Developer: Confidential
Settlement: $3,920,500
Client: 186 Single Family Homes

The Naumann Law Firm and JCL Law Firm represented the owners of 186 single-family homes located in Palm Springs, Riverside County, California, against a National Homebuilder, several subcontractors and a flooring-product-manufacturer. The plaintiff homeowners contended that their newly constructed homes were damaged, in part, because of the installation of a defectively designed flooring product. The defective flooring product caused floor tiles to crack and break. As a result, plaintiffs’ homes lost value and otherwise required the plaintiff homeowners to incur costs to repair and replace their defective tile floors.

Mr. Naumann and Mr. Lapuyade argued that the defendant manufacturer defectively designed the flooring product. As a result, Mr. Naumann and Mr. Lapuyade asserted that the manufacturer, supplier and the installer, were all liable to the plaintiff homeowners under the theory of strict product liability. Shortly before the start of trial, and following multiple mediations and depositions, Mr. Naumann and Mr. Lapuyade successfully obtained a settlement for their clients in the amount of $3,920,500.00.
William H. Naumann, of The Naumann Law Firm and Jean Claude Lapuyade, of JCL Law Firm were the handling attorneys.

Desert Community
Developer: Confidential
Settlement: $1,702,500
Client: HOA Desert Community Homeowner Association

Our firm represented an Association in HOA Desert Community, California. The project was originally constructed as apartments and then converted to condominiums in the 2004 to 2006 timeframe. Unfortunately, the converter improperly established the reserves for the Association by representing that all the components including private streets, tennis courts, and roofs were new instead of sixteen years old. As a result the Association quickly ran out of funds as components came to the end of their useful life expectancies. In addition, there were numerous construction defects including hundreds of linear feet of water supply pipes with deteriorating insulation. Settlement was complicated by the fact that the carrier for the converter was defending under a very strong reservation of rights and in fact filed a declaratory relief action against the converter during the pendency of the underlying case. After several mediations Mr. Naumann was able to negotiate a settlement of $1,702,500 for the Association.

Campana at Rancho Coronado Homeowners Association
Developer: D.R. Horton VEN, Inc. fka D.R. Horton San Diego Holding Co., Inc.
Settlement: $715,000.00
Client: Association – Common area defects

Our firm represented the Campana at Rancho Coronado Homeowners Association located in San Marcos, California. The project was constructed in the 2003-2004 time period consisting of 252 condominium units. Our firm’s retained experts conducted multiple rounds of inspections and testing and discovered the major issue in this case – leaking pot shelve windows. Common area defects included excessive cracking at the concrete pool deck, cracking and spalling of stucco, and miscellaneous roof deficiencies. After several mediations, our firm was able to negotiate a favorable settlement in the amount of $715,000.00.

Cottage Lanes at Windingwalk
Developer: Otay MF1 LLC
Settlement: $2,000,000.00
Client: Association – Common area defects

Our firm represented the Cottage Lane at Windingwalk Association in a construction defect case against Otay MF1 LLC, Brookfield San Diego Builders Inc., and Brookfield Homes San Diego, Inc., d.b.a. Brookfield Homes. The Association included common areas and 120 units. The units had leaking around windows as well as roof leaks coming down through the walls. Settlement efforts were complicated by the fact that one insurance policy with a $150,000 deductible covered only one half of the units. A second policy covered the other half of the units and had a $5,000,000 deductible.

The retained experts discovered that there were serious issues related to missing fire blocking in the party walls. Mr. Naumann argued that the missing fire blocking violated the performance standards in Civil Code Section 895. The experts also opined that the roof defects were so extensive that a re-roofing of the entire complex was required. After multiple mediations and depositions, Mr. Naumann was able to obtain a settlement for his client in the amount of $2,000,000.00.

Schulman v. Local Builder (San Diego)
Developer: Confidential
Settlement Amount: $2,152,529.00
Client: Single-family custom home

Our firm represented the owner/purchaser custom home built in The Farms of Rancho Santa Fe community in San Diego in an action against the builder. The home was suffering construction defects due to leaking decks, custom windows and structural issues. As a result, many doors and windows would not open/close. In addition, numerous cracks appeared in the drywall and stucco.

Latitude Owners Association
Developer: CS-Crossroads LLC; CS-1 Management, Inc., WK Development, Inc. Davlyn Investments, Inc. dba Davlyn Property Management
Settlement: $2,395,000.00
Client – Association Common area defects

The project was originally constructed as apartments and converted into condominiums during the 2004 to 2006 time frame in San Diego, California.
The condominiums were built on the side of a hillside with crawl spaces under the uphill side of the buildings. Mr. Naumann’s retained experts discovered that the crawlspaces were not properly waterproofed which resulted in numerous problems. These problems included rotting plywood under walkways, water intrusion into units, pipe leaks and poor ventilation. Mr. Naumann’s experts also discovered that the retrofitted windows were leaking. In addition, repairs of the outside decks had been performed improperly. After multiple mediations and depositions, Mr. Naumann was able to obtain a settlement for his client in the amount of $2,395,000.00.

Palm Springs HOA
Developer: Confidential
Settlement: $1,750,000.00
Client – Association Common area defects

Our firm represented a homeowners association in the Palm Springs area in a construction defects action. The defects included cracked stucco, water intrusion at the French doors and numerous roof leaks. The builder was insolvent and on the verge of filing bankruptcy. However, it had a $2,000,000 “burning limits” wrap insurance policy that covered all builder entities and all subcontractors with a $250,000 deductible or self-insured endorsement. Under the unique circumstances of this case, Mr. Naumann worked with the adjuster and coverage counsel for the carrier to attempt to reach a settlement without the defendants having to file an answer to the complaint and “burn” the policy. Mr. Naumann retained experts who prepared a detailed defect list and cost of repair. Coverage counsel and carrier retained defense experts. Site inspections were performed. The parties and Attorneys held settlement conferences/mediations without a mediator or judge. After six months of good faith negotiations between the parties, Mr. Naumann was able to achieve a settlement for his clients in the amount of $1,750,000 or the full policy limits minus the SIR.

Sapphire Tower (Downtown San Diego)
Developer: Centurion Partners, LLC
Builder: Swinerton Builders
Settlement Amount: $100,000.00

Attorneys Naumann and Ornelas represented Elisa Jaime in a construction defect case against the developer, builder, and multiple subcontractors. Mrs. Jaime experienced damage to the stone tiles throughout her penthouse unit at the Sapphire Tower in downtown San Diego. Experts discovered that the stone tiles cracked and detached from the floor and wall slabs due to defective design and workmanship. Only about 3 months after the Complaint was filed, Attorneys Naumann and Ornelas were able to negotiate and obtain a settlement for Mrs. Jaime in the amount of $100,000.00.

La Jolla, CA
Developer: Confidential
Settlement: $721,000.00
Client: Single-family custom home

Our firm represented individual homeowners/purchasers of a single family home in La Jolla, CA in a case for construction defects and nondisclosures against the builder, previous sellers, seller’s real estate agent, and various subcontractors/product manufacturers. The home suffered from numerous construction defects, including but not limited to defective windows and doors, and defective tubs and showers. As a result of the defective components, the home also suffered from severe mold.

Our retained experts discovered serious issues related to failure of the exterior finish at exterior windows and doors, shower leaks, and lack of a waterproofing membrane at a bathtub/shower combination. The exterior finish of the windows and doors began peeling and cracking. Our experts opined that the type and finish on the windows and doors were not proper for a home located near the ocean. Our experts also concluded the builder improperly installed wood windows inside showers that began to deteriorate. After multiple mediations and depositions, Mr. Naumann was able to obtain a settlement for his client in the amount of $721,000.00.

43@Raquet Club Homeowners Association
Developer: Palm Springs Modern Homes IV
Settlement: $640,000.00
Client: Association – Common area defects

The Naumann Law Firm represented this Association and (19) individual homes in Palm Springs, California in a construction defect case. Leaks started developing in the subdivision’s water main which ran down the streets in this small gated community. Before the case settled there were thirteen separate documented leaks. In addition, there were windows leaks and deck leaks in the individual homes. After several mediations, the firm negotiated a settlement in the amount of $640,000.

Bellarado Homeowners’ Association
Developer: Western Pacific Housing – Torrey Village Center LLC; Western Pacific Housing, Inc.; Western Pacific Housing Management, Inc.
Settlement: $550,000.00
Client: Association – Common area defects

Our firm represented the Bellarado Homeowners Association located in San Diego, California. The project was constructed in the 2003-2004 time period consisting of 123 condominium units. Our firm’s retained experts conducted multiple rounds of inspections and testing and discovered leaking pot shelve windows. Common area defects included excessive cracking at the concrete pool deck, cracking and spalling of stucco, and miscellaneous settlement of asphalt areas. After several mediations, our firm was able to negotiate a favorable settlement in the amount of $550,000.00.

Del Mar Association
Developer: Local Contractor
Settlement: $335,000.00
Client – Association Common area defects

The firm represented an older condominium project in Del Mar, California. The Association hired the contractor to redo the cedar-shake siding on multiple buildings. The case was complicated by a cross-complaint by the contractor back against the Association for failure to pay. After several mediations William Naumann and Jean Claude Lapuyade were able to settle the case for the association in the amount of $335,000.

Lordsburg Court Association
Developer: William Fox Homes
Settlement: $495,000.00
Client – Association Common area defects and 17 single family homes

The firm represented the Lordsburg Court Association and seventeen (17) single family homes in La Verne, California, in a construction defect case against the builder William Fox Homes. The case was triggered by the subdivision’s failing perimeter wall and soil settlement in the backyards of the homes. Settlement was complicated by the insolvency of William Fox Homes which went out of business in the economic downturn. After several mediations, Mr. Naumann was able to negotiate a settlement with the builder’s insurance carrier for the plaintiffs in the amount of $495,000.

A Palm Springs Homeowner Association
Developer: Confidential
Partial Settlement: $1,074,000.00
Client – Association Common area defects

Our firm represented a homeowners association in Palm Springs in a construction defect action. The defects included the swimming pools, tennis courts and perimeter walls. The tennis courts were cracking in a geometric pattern. In addition, the walls were cracking and some were even falling over in the wind. The walls were special “Proto II “walls that required vertical and horizontal steel. The experts retained by Naumann determined that the tennis court installer had not installed the proper base material. They also discovered the Proto II walls were not designed properly and that the installers left out much of the required steel reinforcement. After numerous mediations, Attorney Naumann was finally able to obtain a settlement with the builder in the amount of $1,0740,000.

La Jolla Custom Home
Developer: Confidential
Settlement: $425,000.00
Client – Custom Home in La Jolla

Our firm represented the purchasers of a custom home in La Jolla, California in a construction defect case. The home had significant structural issues which resulted in the high end travertine tile cracking throughout the house. In addition, the home was built on the side of a hillside with a retaining wall running through the middle of the home. There were waterproofing issues with the wall which contributed to musty smells and mold contamination. In addition, there were numerous operation issues with the custom windows and sliding glass doors. After several mediations, the case was settled for $425,000.

Mission Beach – Ocean Pacific Manhattan
Developer: DCS Coating Enterprises, Inc.
Settlement: $395,000
Client: Two Multi-Unit Luxury Buildings

Our firm represented an owner/builder of two multi-unit luxury buildings located one block from the boardwalk in Mission Beach, California in an action against DCS Coating Enterprises, Inc. dba Deck Coating Specialists (DCS). In the course of original construction, Defendant DCS was hired as a subcontractor to perform waterproofing work at the subject properties. The work performed by DCS at the subject properties was defective, caused water intrusion and damages at the properties. After multiple mediations and depositions, Mr. Naumann and Ms. De La Torre were able to obtain a settlement for the client in the amount of $395,000.
Bill Naumann and Monnett De La Torre were the handling Attorneys.

Development: 4S Ranch
Developer: Confidential
Settlement: $161,750.00
Seven Single Family homeowners

Our firm represented seven (7) single-family homeowners in a construction defect action. The homes suffered cracked and stained stucco, stained drywall adjacent windows, water intrusion at French doors, broken roof tiles, and water intrusion at shower enclosures. Within one-year of filing the complaint, Attorneys Jean Claude Lapuyade and Loren Shiu negotiated a favorable settlement during the first mediation.

Development: 4S Ranch
Developer: Confidential
Settlement: $262,560.00
Twelve Single Family homeowners

Our firm represented Twelve (12) single-family homeowners in a construction defect action. The homes were built with numerous defects including water intrusion at windows, cracked, spalled, stained and incomplete stucco, broken and loose roof tiles, water intrusion at private decks and plumbing leaks. Attorneys Jean Claude Lapuyade and Loren Shiu negotiated a favorable settlement during the first mediation.

Development: 4S Ranch
Developer: Confidential
Settlement: $180,000.00
Eighteen Single Family homeowners

Our firm represented eight (8) single-family homeowners in a construction defect action. The houses suffered from ceramic tile at baths and kitchen installation deficiencies, window and exterior door issues including mishung exterior doors, windows inoperable and gasket failure and separation at drywall openings. Within one-year of filing, attorneys Jean Claude Lapuyade and Loren Shiu negotiated a favorable settlement during the first mediation.

Development 4S Ranch
Developer: Confidential
Settlement: $140,000.00
Ten Single Family Homeowners

Our firm represented ten (10) single family homes in the 4S Ranch area. The homes suffered from numerous defects including, cracked and stained stucco, broken roof tiles, cracked floor tiles, cracked tile and grout at tubs and shower surrounds and water intrusion at showers. After just two mediations our Firm settled the case for $140,000.00.

Development: 4S Ranch
Developer: National Homebuilder (Confidential)
Location: San Diego, California
Settlement: $260,000.00
Twenty-six single-family homeowners

The Naumann Law Firm reached a favorable settlement with a national homebuilder on behalf of twenty-six single-family homeowners. The homes were built with numerous defects including water intrusion at sliding glass doors, exposed wood sill under sliding glass door thresholds, roof leaks, cracked floor tile, separation of sheet vinyl flooring at tub/showers, drywall cracks, plumbing leaks including sewer backups, stained drywall adjacent to bub/shower enclosures and HVAC operational problems. The parties reached the settlement in this construction defect action during the second mediation. Jean Claude Lapuyade and Loren Shiu were the handling attorneys.

Linares v. Vista Point
Developer: Vista Pointe Salton Sea, LLC
Settlement: $58,000.00
Client: Four Single-Family Homes

Our firm represented four homeowners in a third generation construction defect case against Vista Pointe Salton Sea, LLC, Frontier Homes, LLC and Frontier Homebuilders, Inc. The homes were suffering from construction defects as a result of expansive soils in the area. All homes were affected by displacement of concrete, separation of wall to ceiling intersections, separation of interior door frames, slab movement and deformation, drywall cracking and stucco cracking. After consistent negotiations, Mr. Naumann and Ms. De La Torre were able to settle the case shortly before trial in the amount of $58,000. Bill Naumann and Monnett De La Torre were the handling Attorneys.

Swartz v. Fidelity
Settlement: $150,000.00
Single Family Home Breach of Contract

Our firm represented an owner/purchaser of a home located in an unincorporated area of San Diego County, located near Vista, California, in a Breach of contract action against Fidelity National Title Insurance. The title company was required to indemnify the Plaintiffs for covered losses incurred as a result of various encumbrances to title that were present on the property and not exempted from coverage. Through Mediation, Mr. Naumann and Ms. De La Torre were able to settle the case in the amount of $150,000.
Bill Naumann and Monnett De La Torre were the handling Attorneys.

La Jolla Condominium
Developer: Local Builder
Settlement: $387,000.00
Four Luxury Condominiums

The Naumann Law Firm represented an association with four (4) luxury condominiums La Jolla, California in a construction defect case. The firm hired a team of experts and determined that the planter areas surrounding the building were leaking into the underground parking structure. After two mediations, Mr. Naumann was able to obtain a settlement for the association in the amount of $387,000.

Development: PGA WEST Fairways
Client: Fourteen single-family homeowners
Developer: National Homebuilder (Confidential)
Location: La Quinta, California
Settlement: $460,000.00

Our firm reached a favorable pre-trial settlement in this construction defect lawsuit located within the PGA WEST Fairways development in La Quinta, California. The gross settlement yielded $32,857.00 per house for a total settlement of $460,000.00. The case involved leaking single-hung windows caused by the negligent installation of a home alarm system. The case settled one month before trial during a mediation. Jean Claude Lapuyade was the handling attorney.

Vistamar at San Pacifico Homeowners Association (Carlsbad)
Developer: Confidential
Settlement Amount: $260,000.00
Association: Common area defects

Our firm represented an association in Northern San Diego County. The association was responsible for maintenance of the streets inside the gated community. The asphalt and concrete developed cracks and started sinking around some of the manhole covers. After three mediations and shortly before trial we were able to obtain a settlement in the amount of $260,000.00.

Felspar 11 Townhomes Owners Association (San Diego)
Developer: Confidential
Settlement Amount: $475,000.00
Association: Common area defects

Our firm represented an association in the Pacific Beach area of San Diego. The developer purchased a single family home and the neighboring lot. The purchase agreement required that he retain the historical single-family house and build ten additional units surrounding it. Unfortunately, the single family home developed a serious mold infestation problem because of the reconfiguration of the underground venting. In addition, the units had defects related to roofs and windows. The building had burning limits “wrap” policy, which complicated the settlement process. Nevertheless, we able to settle the matter several weeks before trial in the amount of $475,000.00.

Smith v. Local Builder (San Diego)
Developer: The Walters Group
Judgment: $1,484,024.00
Additional Settlements: $286,000.00
Total Recovery: $1,770,024.00
Single-family custom home

Our firm represented a family that purchased a custom home in the Santaluz area of San Diego. Shortly after moving in, they started experiencing sewer smells. After very extensive discovery we discovered that the city sewer system was defective and not functioning properly and that it might take years for it to start functioning properly. The matter was ordered to binding arbitration pursuant to the purchase and sale agreement. After nine days of arbitration, an award was rendered in favor of the Smiths in the amount of $1,484,024.00. The arbitrator found that the sellers failed to disclose the sewer defects to the purchasers, that the sellers breached the contract and that the sewer was defective. Additional settlements were reached in the amount of $286,000.00 for a total recovery of $1,770,024.00.

Schwartz v. Local Builder (Salton City)
Developer: Confidential
Settlement Amount: $1,050,000.00
Seventeen Single Family Homes

Our firm represented 17 homeowners in a subdivision in Salton City, CA. The homeowners experienced inadequate grading, framing and drainage issues in construction, which resulted in improper movement of the houses causing drywall damage. The matter was settled in the amount of $1,050,000.00

PGA West Fairways Homeowners
Association (La Quinta)
Developer: Toll Brothers, Inc.
Settlement/Judgment: $319,557.01
Association: Common area defects

Our firm represented the PGA WEST Fairways Homeowners Association against Toll Brothers, Inc., for construction defects after soils movement caused portions of a private residential roadway to subside. Prior to filing the action, Attorneys Naumann and Lapuyade attempted to resolve the matter informally with Toll Brothers, Inc. by offering a settlement of $129,500.00 to repair the affected areas. Toll Brothers, Inc. rejected the pre-suit settlement offer and forced the plaintiff to file the action. During the litigation, the PGA WEST Fairways Association rejected Toll Brothers, Inc.’s statutory 998 Offer in the amount of $40,000.00. During trial, Attorney Naumann and Lapuyade presented evidence of damages in the amount of $249,000.00 and $83,000.00 in investigative costs incurred by the plaintiff. After a two-week bench trial, Attorneys Naumann and Lapuyade obtained a verdict of $319,557.01 against Toll Brothers, Inc. and its related entities.

Onyegbule v. National Builder (San Diego)
Developer: Confidential
Settlement Amount: $1,432,270.00
Seventy Four Homes

Our firm represented the owner of 74 single-family homes in the Mira Mesa community of San Diego. These homes were built with numerous construction defects that included significant window leaks.

Santalina at San Pacifico Homeowners Association (San Diego)
Developer: Confidential
Settlement Amount: $500,000.00
Association: Common area defects

Our firm represented an association in Encinitas, California. The association was responsible for a number of retaining walls running through the project. Water started leaking through these walls. The developer argued that this was simply a cosmetic problem. After extensive testing we were able to show that the builder put the waterproofing upside down on the backside of the retaining walls and that additional damage might occur in the future. After several mediations, the case was settled in the amount of $500,000.

Mitchell v. VED
Bella Colina (Oceanside)
Developer: Brehm Homes and VED
Settlement Amount: $2,150,000.00
Client: Seventy-Three Single Family Homes:

Our firm represented the owners of 73 single-family homes in Oceanside, California developed and built by VED Communities. The homes were built with numerous construction defects including leaking roofs, leaking wood windows, leaking pipes and deteriorating decks. After numerous mediations, we were able to resolve the case for $2,150,000.00 from VED and its subcontractors.

Mitchell v. Brehm Homes
Bella Colina (Oceanside)
Developer: Brehm Homes and VED
Settlement Amount: $1,450,000.00
Number of Homes: 54

Our firm represented an additional 54 owners of single-family homes in Oceanside, California developed and built by Brehm Homes. These homes suffered the same problems as the VED case. The majority of this case was settled for $1,450,000.00.

Brighton View Subdivision (San Bernardino)
Developer: The Grupe Company
Settlement Amount: $2,133,421.00
Number of Homes: 47

Our firm represented the owners of 47 single-family homes in a lawsuit against the developer who built their homes as well as the subcontractors who were hired by the builder. The project superintendent who, according to deposition testimony was selling cocaine out of the project trailer instead of supervising the job built the homes with numerous construction defects stemming from the lack of proper coordination and supervision. In addition, many homeowners testified in their depositions about the lack of care or customer service when calling the builder about problems. For example, when a tub did not drain (installed to pool water at the opposite side from drain), the builder said, “what do you expect, a custom home”

Sunrise Ranch Subdivision (Poway)
Developer: Connole Construction Co.
Settlement Amount: $1,183,700.00
Number of Homes: 31

Our firm represented 31 homeowners (the entire subdivision) in an action against the builder of their homes. The builder had previously filed bankruptcy. After two years, we were able to recover $1,682,700.00 in settlements from the insurance company for the builder and several subcontractors. The roofing subcontractor (William Canning Roofing) did not offer a fair amount. The roof case was tried and after a four -week trial, the jury awarded our clients an additional $499,000.00.

Promenade Subdivision (La Costa)
Developer: Confidential
Settlement Amount: $1,300,000.00
Number of Homes: 37

Our firm represented the owners of 37 single-family homes in a lawsuit against the developer who built their homes as well as the subcontractors who were hired by the builder. The homes were built with numerous defects including, leaking roofs, leaking windows, stucco defects, and deteriorating concrete slabs and footings. Some of the defects caused water intrusion and mold/fungus growth throughout many of the homes. The case settled for $1,300,000.00.

Homeowners in Chula Vista
Developer: Confidential
Settlement Amount: $640,125.00
Number of Homes: 93

Our firm represented the owners of 93 single-family homes in Chula Vista, California. The homes were suffering from numerous construction defects. This case was mediated from the outset and a resolution was reached with minimal expert costs. The case was settled for $640,125.00

Valley View Estates (Vista)
Developer: Morrison Homes
Settlement Amount: $366,000.00
Number of Homes: 12

Our firm represented twelve homeowners in an action against Morrison Homes for numerous construction defects. The case was settled for $366,000.00.

Fairbanks Ranch (San Diego)
Developer: Confidential
Settlement Amount: $460,000.00
Single-family custom home

Our firm represented the owner/purchaser of a home built in the Fairbanks Ranch community of San Diego in an action against the builder and its investment partner. The home was suffering construction defects due to improper soils compaction and the failure of an adjoining slope. As a result, many doors and windows would no open/close. In addition, numerous cracks appeared in the drywall and stucco as well as the pool and landscaping improvements. The case was settled for $460,000.00.

Solana Beach Home (San Diego)
Developer: Confidential
Settlement Amount: $210,000.00
Single-family semi-custom home

Our firm represented the owner of a semi-custom single family home in Solana Beach. The home was built with used materials and materials from Mexico that were not approved for use in the United States by the Uniform Building Code. The builder used second-hand windows and doors. The roof tiles were Mexican tiles that were extremely brittle and cracked very easily. The builder settled with the homeowner and paid approximately $210,000.00.

71 Homeowners in Chula Vista
Developer: Confidential
Settlement Amount: $483,499.00
Number of Homes: 71

Our firm represented the owners of 71 single-family homes in Chula Vista against the developer of their homes. We utilized CPR an alternative mediation process for this case and reached a resolution within 12 months for approximately $483,499.00. These relatively new homes were suffering from the early signs of window leaks, shower door leaks and other miscellaneous defects.

Broadway Estates (Escondido)
Developer: Confidential
Settlement Amount: $632,000.00
Number of Homes: 19

Our firm represented the owners of 19 single-family homes in a lawsuit against the developer who built their homes as well as the subcontractors who were hired by the builder. The homes were built with numerous defects including, leaking roofs, leaking windows, stucco falling off the homes and other defects. The builder and its subcontractors settled the case during discovery/investigation phase for approximately $632,000.00.

Parkside (Rancho Bernardo)
Developer: Standard Pacific
Settlement Amount: $115,000.00
Number of Homes: 1

Our firm represented the owner of a home in a Rancho Bernardo subdivision whose home was suffering the effects of soil subsidence. The case was settled for $115,000.00.

6 Homeowners in Riverside
Developer: Confidential
Settlement Amount: $300,000.00
Number of Homes: 6

Our firm represented the owners of 6 homes in a subdivision against the builder and subcontractors who built the homes. The homes suffered defects that included: leaking roofs, leaking windows, slab cracks, deteriorating stucco and other defects. The builder and subcontractors settled in the amount of $300,000.00.

Ordas v. Local Builder (Carlsbad)
Developer: Confidential
Settlement: $493,000
Number of Homes: 29

Our firm represented 29 homeowners in a subdivision in northern San Diego County. The homeowners started experiencing severe leaks in the upstairs showers, which caused significant damage to floors and ceilings. After several mediations the matter settled in the amount of $493,000.00.

Ocean Pacific v. Luxury Windows
(Mission Beach)

Subcontractor: Luxury Windows & Doors, Inc.
Settlement Amount: $450,000.00
Client: Developer

Our firm represented a developer of high-end homes in the Mission Beach area. The suit arouse out of various contracts entered into for the purchase and installation of windows and doors at 8 condominium/townhome projects. The windows and doors were manufactured in China and every window and/or door was defective. Additionally, the windows and doors were to be delivered within 14-16 weeks but instead were delivered weeks late and not to specifications. These issues caused the developer delays in the completion of the projects, losses in the inability to market the projects, losses in rental income and additional interest on various construction loans. As a result, developer was forced to use its own labor force to make necessary repairs before the projects could be completed and sold or rented. The matter settled for $450,000.00.

Wong v. Local Builder
Cielo (Rancho Santa Fe)
Developer: Confidential
Settlement: $524,000.00
Number of Homes: 4

Our firm represented 4 homeowners in the Cielo Development in Rancho Santo Fe. The wood windows in these homes started peeling and leaking despite repeated efforts to repaint. In addition, some homes developed issues with the decks. After several mediations, we negotiated a settlement in the amount of $524,000.00 and

Bennett
Developer: Confidential
Settlement: $818,000.00
Number of Homes: 55

Our firm represented 55 homeowners in a Carlsbad development known as Vistamar at San Pacifico. The homes had water intrusion through the slabs and foundations which was causing damage to the floor coverings and cabinets and mold infestation. Experts discovered that the landscape subcontractor had failed to install drains in the planters that surrounded the homes as required by the plans and specifications. Attorney Naumann sued the national builder and various subcontractors. The builder filed bankruptcy in Delaware. After obtaining relief from the bankruptcy stay, Attorney Naumann proceeded against the builder’s carriers one of which had also filed for bankruptcy. Although Attorney Naumann determined that the builder had no primary insurance, he discovered that the builder had been named as “additional named insured” under several of the major subcontractors’ insurance policies and was able to obtain a settlement for the homeowners in the amount of $818,000.00 with 100% of the funds coming from subcontractors and their insurance carriers.

NON-CONSTRUCTION DEFECT RELATED

Sunland Housing Group v. Koji Matsumoto
Client: Developer

Sunland Housing Group entered into a contract with a Japanese investor named Koji Matsumoto wherein the two parties were to purchase land from another developer. Both parties deposited $500,000 into an escrow account as a deposit for the purchase. Pursuant to the agreement, Matsumoto was to provide the remaining funds necessary to purchase the property as well as money to return Sunland’s $500,000 deposit. Sunland would then act as the general contractor to construct homes on the property. When the homes were sold, Matsumoto would receive his investment back along with interest as well as a share of the profits. Matsumoto failed to provide the balance of the promised funds and the parties both lost their deposit money. Sunland sued Matsumoto for its lost deposit. During trial, Matsumoto agreed to pay Sunland $400,000.00 within 6 months. The payment was secured by real property in Big Bear. Matsumoto failed to make the payment and Sunland foreclosed on the property. Sunland later sold the property for $800,000.00.

Munguia v. Kaiser
Settlement: $8,500,000.00

Medical Malpractice – Birth Defects

Ojeda v. Sharp Cabrillo
Settlement: $1,100,000.00

Medical Malpractice – A 10 year old boy severely disabled after birth complications.

Byerly v. Arruda
Client: Employer

In the late 1980s’, Mr. Arruda purchased a bond business in San Diego. Mr. Arruda moved his family to San Diego and hired several employees. Shortly after he began operation of this newly purchased business, Congress passed legislation that effectively put Mr. Arruda out of business. After it became clear that the business could not go on as planned, Mr. Arruda had to let his employees go. The employees decided to sue Mr. Arruda and his company for wrongful termination. After a 2-week trial, the case was concluded and the jury decided in favor of our client, Mr. Arruda and against the Defendants.

Steven Fleming v. Southwest Airlines
Verdict: $491,000.00
Clients: Steven Fleming & Kathy Giles

A national airline that maintained a very busy hub in San Diego was having a ticket and drug problem in San Diego. As a show of corporate force and in an effort to make an example of two employees, the airline terminated our two clients. They filed a wrongful termination action in the District Court of San Diego. The matter was tried and the Court awarded the two employees $491,000.00.

Gurling v. USF&G
Settlement: $980,000.00

Several friends took a trip to Mexico for a night of fun and drinking. On the way back home, the driver lost control of his vehicle and crashed into the center median. The accident severely injured our client. An underinsured motorist policy was discovered which eventually paid $980,000.00 to settle the action.

Schwartz/Pool Case
Settlement: $750,000.00

Our clients were residents at a trailer park in El Cajon, which included a pool as one of the amenities. The pool had a long history of problems, including frequent defecation by young children. Our client was in the pool one afternoon when the pool was in an unsanitary condition and became very ill. Our client developed a case of meningitis, which caused brain damage. We eventually settled this case for $750,000.00.

One (1) Homeowner v. Neighbor
Settlement: $60,000 plus agreement

We represented a homeowner whose home was being flooded with mud and water from the subsidence of a home/lot, which was situated above our client’s home. The case was settled for $60,000.00 plus an agreement to place a drainage culvert on the other home’s property.