Contracts - Breach of Contract

DAILY JOURNAL VERDICTS & SETTLEMENTS
June 2005

CONTRACTS

Breach of Contract

FAILURE TO DISCLOSE DEFECTS

SETTLEMENT: $60,000

CASE/NUMBER: Siegel v. Dyer / 04CC06060

COURT/DATE: Orange County Superior Court / May 10, 2005.

JUDGE: The Honorable Peter J. Polos, Department 33.

ATTORNEYS: Plaintiff - Christian J. Garris (Law Offices of Christian Garris, Los Angeles); James K. Ulwelling (Ulwelling & Siddiqui, LLP, Costa Mesa).

Defendant/Cross-Complainant - Mark B. Wilson, P.C. (Klein & Wilson, Newport Beach).

FACTS: The plaintiff purchased residential real estate from the defendant. The plaintiff alleged that the defendant failed to disclose fungus on the property and sought damages and/or rescission.

The defendant cross-complained against the plaintiff because the parties had entered into an amendment to the purchase agreement whereby the defendant had disclosed the fungus and the plaintiff had agreed to take full responsibility for it and the defendant had given the plaintiff a $9,500 credit in the purchase price.

PLAINTIFF CONTENTIONS: The plaintiff contended that the defendant had failed to disclose the fungus.

DEFENDANT/CROSS-COMPLAINANT CONTENTIONS: The defendant/cross-complainant maintained that she had fully disclosed the fungus and the plaintiff had signed an amendment to escrow acknowledging his acceptance of the property "as is" with the fungus. The plaintiff also received a $9,500 credit because of the fungus damage. The defendant filed a cross-complaint to recover attorney's fees and costs incurred to defend the case.

SETTLEMENT DISCUSSIONS: The plaintiff requested a settlement conference. The plaintiff agreed to pay the defendant $60,000 in settlement of the defendant's cross-complaint and to dismiss his complaint.