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Verdicts / Settlements - DefendantsC. Gary and Dianne L. Wilson vs. Wilma Pacific, Inc., Olympia/Roberts Company and Wells Fargo Bank
CASE NO.: CIV 147 456
JUDGEMENT DATE: December 28, 1995 TOPIC: Construction Defect: Hillside Slippage RESULT: Defense judgment SPECIALS: Damages: $220,000 cost to repair AREA: Ventura JUDGE: Edwin Osborne PLAINTIFF ATTORNEY: J. Roger Myers & Jeffrey T. Moerer (Myers, Widders, Gibson & Long), Ventura DEFENDANT ATTORNEY: James H. Patton, Jr. & Ernesto F. Aldover ( Knopfler and Robertson ), Universal City Facts1989: Plaintiffs purchased Lot 59 of Tract 37462, also known as 307 Fresh Meadows Road. Plaintiffs entered into an escrow for $510,000 with the Merrys who had purchased the Lot from the builder Wilma Pacific. The Merrys had built a swimming pool on the lot. They noted that the pool was losing water and exhibiting distress. The Merrys contacted Plaintiffs and the escrow was discontinued. The Merrys then sold the property back to Wilma Pacific. Wilma Pacific undertook repairs to the hillside. After repairs were completed, Wilma Pacific sold the property to Plaintiffs. At the time of purchase, Plaintiffs were given soils reports indicating the investigation work and repair work performed at the property. Olympia/Roberts Company had been the original grading company and master planners. Plaintiff Claimedthere was damage occurring to their property and filed suit against Wilma Pacific, Inc., Olympia/Roberts Company and the Wood Ranch Golf Course which was foreclosed in January 1994 by Wells Fargo Bank. The hillside was sliding causing damage to the property. They would need to put in beams to stabilize the hillside. Defendant Olympia/Roberts Arguedthat the statute of limitations had run. They had not contracted to do the repair work. The necessary planned repairs to the hill was not performed by Wilma Pacific. The movement on the slope was not going to reach the Plaintiffs home. Insurance CompanyAssicurazioni Generali, S.P.A. Offer$25,000 Demand$260,000 Trial Time6 days The Court found that liability for the original work (rough grading) performed on behalf of Olympia/Roberts was barred by he Statute of Limitations of CCP 338(b). The Court further found that Olympia was not negligent for the repair work as that work was undertaken by Wilma Pacific which was neither a joint venturer nor agent of Olympia. Plaintiff had settled with Wilma Pacific for $25,000 prior to trial. TriService Reference No. 962621 |