CONSTRUCTION DEFECT
Development: Confidential
Client: Four Palm Springs Homeowner Association
Developer: Confidential
Location: Palm Springs
Settlement: $700,000.00
Year: 2012
Our firm represented a Palm Springs California homeowners association in a construction defect action against the master developer. The defects included the defective tennis courts and perimeter walls. After numerous mediations, Attorney Lapuyade helped attain a partial settlement with the master developer in the amount of $700,000.00.
Development: PGA WEST Fairways
Client: Fourteen single-family homeowners
Developer: National Homebuilder (Confidential)
Location: La Quinta, California
Settlement: $160,000.00
Year: 2012
The JCL Law Firm reached a favorable pre-trial settlement with the developer and certain peripheral subcontractors in this construction defect action. This partial settlement narrowed the focus of the case, and allowed the JCL Law Firm to target the subcontractors responsible for defective window installation. The homeowners claim an additional $200,000.00 in damage caused by the defective window installation. The JCL Law Firm is preparing for trial on the issue of defective window installation in June 2013.
Development: 4S Ranch
Client: Ten single-family homeowners
Developer: Confidential
Location: San Diego, California
Settlement: $140,000.00
The JCL Law Firm recently settled this ten-home case after just two mediations.
Development: Confidential
Client: Owners of 14 Single Family Homes
Developer: Confidential
Location: San Elijo Hills, San Diego County
Settlement: $196,000.00Year: 2012
Mr. Lapuyade successfully negotiated this favorable settlement during just the second mediation prior to invasive testing and deposition discovery. This case involved a complicated Owner Controlled Insurance Program, also known as an “OCIP-WRAP” policy. OCIP-WRAP policies are a new comprehensive general liability insurance product gaining favor with developers of mass produced housing
Development: Confidential
Client: Five single-family homeowners
Developer: Confidential
Location: Salton City, California
Settlement: $92,500.00
Year: 2012
The JCL Law Firm acted as co-counsel for Plaintiffs in this five-home construction defect action for damaged caused by isolated soil movement. The action involved a defendant developer no longer in business, and an insurance policy that excluded claims for damage caused by soil movement. Nevertheless, Attorney Lapuyade negotiated this favorable settlement for his clients prior to trial and prior to deposition discovery.
Development: Four Seasons at Palm Springs
Client: Four Seasons at Palm Springs Homeowners Association
Contractor: Pyramid Builders
Location: Palm Springs, California
Settlement: $150,000.00
Year: 2012
Following completion of the Civil Code section 1375 “Calderon” process, Mr. Lapuyade negotiated this settlement with Pyramid Builders Corp., and certain subcontractors, for allegedly defective design of a perimeter block wall system known as Proto-II walls.
*This settlement did not involve the project developer.
Development: Four Seasons at Palm Springs
Client: Four Seasons at Palm Springs Homeowners Association
Contractor: Angelus Block Company, Inc.
Location: Palm Springs, California
Settlement: $50,000.00
Year: 2012
Following completion of the Civil Code section 1375 “Calderon” process, Mr. Lapuyade negotiated this settlement against Pyramid Builders Corp. for the allegedly defective installation of a perimeter block wall system.
*This settlement did not involve the project developer.
Development: Confidential
Client: Homeowners Association
Developer: Confidential
Location: Palm Springs, California
Settlement: $700,000.00
Year: 2012
This action included claims for allegedly defective construction of certain common area improvements owned and maintained by a single-family home, homeowners association. As co-counsel, Mr. Lapuyade negotiated this settlement with the project developer and various subcontractors five months prior to the start of trial. This action involved very complicated insurance issues, including a partial Owner Controlled Insurance Program, also known as an OCIP-WRAP program.
Development: Confidential
Client: Four Seasons at Palm Springs Homeowners Association
Contractor: Pyramid Builders
Location: Palm Springs, California
Settlement: $150,000.00
Year: 2012
Following completion of the Civil Code section 1375 “Calderon” process, Mr. Lapuyade negotiated this settlement against Pyramid Builders Corp. for the allegedly defective design and installation of a perimeter block wall.
Development: Confidential
Client: Condominium Homeowners Association
Developer: Confidential
Location: Palm Springs, Riverside County
Settlement: $2,000,000.00
Year: 2011
Mr. Lapuyade acted as co-counsel for a 65-unit condominium homeowners association, located in Palm Springs, California, in its action against the project’s developer. After filing the complaint, Plaintiff offered proof justifying a $2 million “policy limits demand” to the developer’s insurance carrier. Prior to answering the complaint, the developer’s insurance carrier evaluated the damages at the project and determined to pay out the insurance policy limit of $2 million. The case resolved within 3 months of filing without incurring substantial expert costs.
Development: Toll Brothers at PGA WEST Fairways
Client: PGA WEST Fairways Homeowners Association
Developer: Toll Brothers, Inc.
Location: Indio, California
Trial Verdict: $319,557.01
Year: 2011
The PGA WEST Fairways Homeowners Association sued Toll Brothers, Inc. for construction defects after a residential street in the community failed as a result of soil movement. Prior to trial, Toll Brothers, Inc. offered $40,000.00. At trial, Mr. Lapuyade discredited the leading defense expert on cross-examination by showing he fabricated an essential document which helped form the basis of the expert's opinion.
Development: Confidential
Clients: Five single-family homeowners
Developer: Confidential
Location: City of Oceanside, San Diego County
Settlement: $50,000.00
Year: 2010
In this construction defect action limited solely to a defective hot water pump and nothing else, attorney Lapuyade successfully negotiated a $10,000.00 per home settlement within forty-five days of filing the complaint.
Development: Salton Sea Estates
Clients: Eleven single-family homeowner
Developer: Executive Homes, Inc., et al.
Location: Salton City, Imperial County
Settlement: $421,000.00
Year: 2010
In this construction defect action for leaking windows and soils movement, attorney Lapuyade assisted with Naumann Law Firm, APC, in negotiating a $421,000.00 settlement with the Developer and certain subcontractors.
Development: Confidential
Clients: Eighteen single-family homeowners
Developer: Confidential
Location: Salton City, Imperial County, San Diego
Settlement: $1,050,000.00
Year: 2010
In this construction defect action for expansive soils, attorney Lapuyade assisted the Naumann Law Firm, APC, in negotiating a $58,333.33 settlement per home despite strong evidence that the current market value for each home was only $40,000.00.
Development: Hermitage at PGA WEST Fairways
Client: Eighteen single-family homeowners
Developer: SWH Hermitage, LLC
Location: City of La Quinta, Riverside County, California
Settlement Amount: $205,000.00
Year: 2009
In this construction defect action for leaking windows, attorney Lapuyade negotiated settlements with various subcontractors in the amount of $205,000.00. The settlements negotiated by attorney Lapuyade do not include settlements with either Pacific Window Corporation or Steven Walker Homes.*
Development: Confidential
Client: Thirteen single-family homeowners
Developer: Confidential
Location: City of La Quinta, Riverside County
Settlement Amount: $300,000.00
Year: 2009
In this construction defect action for leaking windows and roofs, attorney Lapuyade successfully negotiated a $23,000.00 per home settlement prior to obtaining a trial date.*
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Development: Confidential
Client: Seventy-one single family homeowners
Developer: Confidential
Location: Menifee, County of Riverside
Settlement: $820,000.00*
Year: 2008
Development: Confidential
Client: Six single-family homeowners
Developer: Confidential
Location: City of Chula Vista, San Diego County
Settlement: $40,000.00*
Year: 2007
BUSINESS & EMPLOYMENT LITIGATION
Case: Non-filed
Client: Jose Gomez
Employer: Confidential
Settlement: $25,000.00
Legal Theory: Unlawful Termination
Year: 2012
Mr. Lapuyade obtained this $25,000.00 pre-litigation settlement only a few weeks after serving an initial demand letter. The client incurred zero court cost and quickly found new employment.
Case:
Patel v. Great Western Bancorp., Inc. et al
Court: Los Angeles Superior Court Case No. YC063898
Client: Leena Patel
Settlement: $80,100.00
Legal Theory: Breach of Contract
Year: 2012
This case resolved on the eve of trial and involved an unpaid business loan. The JCL Law Firm handled this case pro-bono and successfully recovered a significant portion of the unpaid loan balance for the client.
Case:
Sogge v. Denise Trudeau
Court: San Diego County Court Case No. 37-2012-00000386
Client: Steven Sogge
Trial Verdict: $10,814.46
Legal Theory: Wrongful Withholding of Rent Deposit
Year: 2012
Mr. Lapuyade successfully tried this small-claims appeal pro-bono. Mr. Sogge’s landlord, Ms. Dennis Trudeau wrongfully refused to return Mr. Sogge’s rental deposit after he vacated the leased premises. Ms. Trudeau appealed a $4,500.00 small claims judgment against her. During the trial de-novo on appeal, Mr. Lapuyade demonstrated that Ms. Trudeau wrongfully withheld the Mr. Sogge’s rental deposit and claimed an additional $6,000.00 in statutory punitive damages. The trial court agreed and entered judgment against Ms. Trudeau in the amount of $10,814.46.
Case:
James Devlin v. Seastar Communities, LLC, et al.
Client: James Devlin
Settlement: $40,000.00
Legal Theory: Breach of Contract
Year: 2008
In this breach of contract action, attorney Lapuyade successfully negotiated a $40,000.00 settlement of unpaid project management fees at the first mediation.*
Case:
Kahala Franchise Corp. v. B&P Corporation et al.
Client: Kahala Franchise Corp.
Legal Theory: Breach of Franchise Agreement and Trademark Infringement
Settlement: $120,000.00
Year: 2007
Kahala Franchising Corp. brought this action upon discovering one of its franchisees sold its franchise location in violation of its franchise agreement. The new owner operated the store under a similar name, comparable menu and nearly identical trade dress. After bringing this action to enforce the terms of its franchise agreement and to stop the unauthorized infringement upon its trademark and dress, attorney Lapuyade negotiated a $120,000.00 settlement and an agreement to cease business operations within 120 days of filing the complaint.*
Case: None-filed
Client: Kahala Franchising Corp.
Legal Theory: Unlawful Detainer
Settlement: $38,000.00
Year: 2009
Through diligent efforts and calculated legal tactics, attorney Lapuyade successfully obtained all back rents, unpaid royalties and advertising fees for two Cold Stone Creamery® franchise locations in Los Angeles without filing a lawsuit.*
PERSONAL INJURY
Case: Confidential
Client: Joshua Salik
Court: San Diego, Superior Court
Legal Theory: Premise Liability and Negligence
Settlement: $25,000.00
Year: 2012
Mr. Salik suffered a sprain to his right knee after being physically assaulted by security staff at a popular San Diego Hotel and Nigh Club. Despite telling his doctors that the injury resulted from a biking accident, and subsequently a surfing accident, Mr. Lapuyade successfully resolved Mr. Salik’s case for $25,000.00. Notwithstanding, the client’s testimonial inconsistencies, Mr. Lapuyade successfully showed that the hotel and nightclub operator was exposed to significant liability for failing to remediate a known dangerous condition, i.e., an overly aggressive security staff member.
Case: None-filed
Client: Metskas
Legal Theory: Uninsured Motorist Claim
Settlement: $35,000.00
Year: 2008
After a hit and run accident, attorney Lapuyade obtained a $35,000.00 policy maximum settlement for uninsured motorists claims despite only $6,000.00 in medical bills.*
** Denotes cases not necessarily belonging to the JCL Law Firm but were cases in which the attorney Lapuyade had a substantial case responsibility on behalf of the identified client, and/or substantially contributed to the above referenced settlements.