Case Details

Represented Plaintiffs-homeowners in a lawsuit against their former pool contractor and gunite subcontractor. Plaintiffs alleged claims of fraud, breach of contract, negligence, and disgorgement pursuant to Bus. & Prof. Code Section 7130(b). 

The Plaintiffs employed eight experts and performed a ten-month investigation using state-of-the-art technology, including ground penetrating radar. The plaintiffs’ investigation conclusively established the pool was not properly constructed, requiring complete removal and replacement of the pool, decking, and expansive soils with non-expansive soils.  Defendants disputed liability and damages, and the insurance carriers disputed any coverage. 

One defendant declared bankruptcy twice during the litigation. Defendants’ last offers were a combined $10,000. The plaintiffs successfully removed the case from bankruptcy and persuaded the carriers they were in bad faith for denying their coverage obligations. On the day before trial, the matter settled with Defendants paying Plaintiffs $935,000, including their full cost of repair, Stearman costs, and attorney’s fees. 2024