GLEN VALLEY HOA v. SEPIAN 

(Los Angeles Superior Court, Judge Shatford)

►CONSTRUCTION DEFECT: WHEN IT RAINS IT POURS

After a jury trial, the developer and his subcontractors paid Glen Valley Homeowners Association $7,000,000 for damage caused by negligently installed roofs and framing.

CONFIDENTIAL SETTLEMENT 

(Construction Defect)

THE DEVELOPER WHO BROKE HIS PROMISES

After a year-and-a-half of discovery and related law and motion proceedings a developer and his subcontractors agreed to pay a settlement of over $18,000,000 for damage to roofs and windows negligently installed in 520 condominium homes in Diamond Bar.

BENDER REALTY LTD. v. WESTSIDE INVESTMENTS 

(Ventura County Superior Court – Judge Rebecca Riley)

A SHOPPING CENTER DEVELOPER LOSES EASEMENT ACCESS TO HIS SHOPPING CENTER BY OVERBURDENING THE EASEMENT 

In a five-day trial to the court Westside Investments, represented by David Romney, successfully defended blocking access by a shopping center to a right-of-way easement across Westside Investments’ property on grounds it overburdened it.

TORRES v. SMYTHE 

(Los Angeles Superior Court, Judge Mink) 

RAIN CAUSED BY GOD, BUT LANDSLIDE WAS CAUSED BY MAN 

After a four-day trial to the Court, Judge Mink awarded a $485,000 verdict to plaintiffs (Torres), represented by David Romney, for landslide damage to a La Canada Flintridge home that was proven not to have been caused by an Act of God in the form of a 50-year rainstorm but, instead, was caused by a neighbor’s negligent construction of a septic system.

CHEVY CHASE COUNTRY CLUB v. SICOMORO CANYON, INC.

BINDING ARBITRATION MUST BE INITIATED UNDER THE “RIGHT” CONTRACT

After attorney David Romney, representing Sicomoro Canyon, Inc., challenged binding arbitration conducted under the “wrong agreement” and appealed the trial court judgment affirming it, the Appellate Court set it aside. Thereafter, three arbitrators – a former California Supreme Court Justice (Malcolm Lucas), a former California Supreme Court Justice (John Arguello), and a former presiding judge of the Los Angeles Superior Court (George Dell) – determined that a binding arbitration under the “right agreement” established Sicomoro Canyon, Inc. (comprised of a minority of Chevy Chase Country Club members) owned the Chevy Chase Country Club despite claims of fraud by its majority members. Later Sicomoro Canyon, Inc. sold the Chevy Chase Country Club to a buyer for an undisclosed amount.

GREENE v. CUMMINGS 

(Mediation, Ventura County - R.A. Carrington)

AN UNFOUNDED ENVIRONMENTAL CLAIM CAN BE COSTLY TO A PLAINTIFF

After mediation plaintiff Greene paid all costs and attorneys’ fees incurred by defendant Cummings, represented by David Romney, as well as dismissing the action, in its entirety, for environmental damages arising from an allegedly leaky underground oil tank in Moorpark.

SOMERSET HOA v. GOLDRICH & KEST 

(Los Angeles Superior Court, Judge Harris)

CONSTRUCTION DEFECTS OCCUR EVEN IN BEVERLY HILLS

A condominium complex in Beverly Hills occupied by residents David Justice, former Yankee Star, and Morey Amsterdam, a comedian on the Dick Van Dyke Show, among others, was beset by roof and other structural problems after construction. During trial the case settled for $9.5 million.

CLARK v. HEALY 

(LA Superior Court – Judge Doyle)

A SELLER OF RESIDENTIAL PROPERTY MUST DISCLOSE DEFECTS 

After a three-week trial the jury rendered a verdict in favor of the plaintiff Clarks, represented by David Romney, in the amount of $230,000 for damages, including attorney’s fees and costs, arising from the seller Healys’ non-disclosure of a defective septic system in La Canada Flintridge, undetected during a buyer’s inspection by the Clarks.

GLEN OAKS ESTATES HOMEOWNERS ASSOCIATION v. REMAX PREMIER PROPERTIES, ET. AL. 

(Los Angeles Superior Court – Mediation)

CONSTRUCTION DEFECTS AND FRAUD RESULT IN SETTLEMENT 

After mediation the parties entered a confidential settlement providing for compensation sufficient to reconstruct the access road to Glen Oaks Estates’ homes and to remedy associated drainage problems.

CITY OF WOODLAND v. ARTHUR 

(Yolo County Superior Court, Judge Roach)

THE CASE OF THE GREEDY LANDOWNER 

Plaintiff City of Woodland, represented by contract city attorney, David Romney, brought eminent domain proceedings to “take” a right-of-way adjacent to a bar business the owner claimed would destroy its parking and result in major loss of profits. After a 6-day jury trial the jury awarded only nominal damages to Mr. Arthur for the property taken and no damages at all for the alleged “taking” of the parking.

SCLAFANI v. LA CANADA IRRIGATION DISTRICT 

(LA Superior Court – Settlement)

IRRIGATION DISTRICT DECIDES TO PAY FOR DAMAGE 

While disclaiming liability for damage the La Canada Irrigation District paid a substantial sum to the Sclafanis, represented by David Romney, to compensate for flood damage to a home and its surrounding property.

CONFIDENTIAL SETTLEMENT 

(L.A. Superior Court – Judge Steward, Burbank)

SELLERS FORCED TO PAY $715,000 IN SETTLEMENT DAMAGES FOR NON-DISCLOSURE DURING SALE OF $1,75,000 HOUSE IN LA CANADA FLINTRIDGE 

After discovery proceedings revealed sellers’ non-disclosure of septic system and zoning problems the seller opted to pay high money damages to fix a problem that seller was convinced by buyer’s attorney, David Romney, they would still have to pay after incurring costs of trial.