Springel & Fink trial attorneys Darren Ebner and Kathryn Kim obtained a defense verdict in an $11.2 million single defendant construction defect case involving water intrusion and resulting damages stemming from alleged window leaks at a multi-million dollar Malibu estate. The homeowner sought damages for the cost to replace the windows, repair the resulting damage to the home from the alleged leaks and lost profits from delays in filming a reality television show at the home because of the leaks. The case was tried in downtown Los Angeles.
Through pre-trial motions, Mr. Ebner and Ms. Kim eliminated most of the homeowner’s lost profits claims based on a lack of foundation and other evidentiary deficiencies established during discovery. Through those motions and oral argument, the Judge excluded many of the homeowners’ claims, which reduced it potential damages from $11.2 million to $1.8 million before trial started.
During the trial, Mr. Ebner and Ms. Kim successfully argued that Plaintiff’s lead construction expert was unqualified, which the Court granted and limited the witness to solely percipient testimony. This caused Plaintiff substantial burden of proof issues. As a result of the expert’s disqualification and Mr. Ebner’s discrediting of the homeowner during cross-examination, the homeowner failed to meet its burden of proof that our client fell below the standard of care or caused the alleged leaks.
Because of the defense verdict, our client also “beat” its prior $150,000 CCP Section 998 Offer to Compromise, which allowed the Court to award our client over $40,000 in costs.
To learn more about this case, please contact Darren Ebner or Kathryn Kim.