Green & Hall LLP Obtains Defense Awards in Multiple Home by Home Construction Defect Arbitrations
In December 2016, Green & Hall's Northern California Office, led by Managing Partner, Edward Huguenin, and Green & Hall's newest Partner, Robert Kahn, began a 5-month series of arbitrations against a well known plaintiffs' firm. The cases started as a single, complex construction defect matter that Green & Hall successfully compelled to home-by-home arbitration with AAA, and with separate arbitrators presiding over each of the 17 cases. The allegations in each of the cases concerned a variety of asserted SB 800 violations with primary focus on the Builder's alleged failure to provide adequate protection against corrosion of the post-tensioned foundation cable ends, anchorage and hardware. The dollar value for the asserted damages ranged from $40,000 all the way to $80,000 per home. Each 2-4 day arbitration was tried over the course of 5 consecutive months, from January through May, 2017. Robert Kahn and Edward Huguenin served as lead trial counsel in the arbitrations, with James Bothwell, Jordan Maurer, Michael Laidlaw and Emily Wieser lending support as 2nd and 3rd chair. In each of the following cases, Green & Hall defensed the Claimants' single largest dollar item and their main geotechnical/PT corrosion claim.
Several of the Awards are summarized below:
- Complete defense verdict/award on behalf of the Builder (award in the amount of $0 against asserted damages in the amount of $58,226). Further, Green & Hall obtained an award of costs in favor of the Builder in the sum of $43,203.13. Guzman v. Cal Atlantic Homes.
- Defense verdict/award on behalf of the Builder in the amount of the defense cost to repair ($278.00) (asserted damages in the amount of $41,511) . Ejanda v. Cal Atlantic Homes.
- Defense verdict/award on behalf of the Builder with respect to the post-tensioned cable corrosion/geotechnical claim, while also beating the defense's C.C.P. § 998 offer as to all issues (award in the amount of $5,578 against asserted damages of $42,547). Rose v. Cal Atlantic Homes.
- Defense verdict/award on behalf of the Builder with regard to the post-tensioned cable corrosion/geotechnical claims while also beating the defense's C.C.P. § 998 offer as to all issues (award in the amount of $6,188 against asserted damages of $52,132). Likewise, obtained a cost award on behalf of the Builder against claimants. Maalouli v. Cal Atlantic Homes.
- Defense verdict/award on behalf of the Builder with respect to the post-tensioned cable corrosion/geotechnical claims while also beating the defense's C.C.P. § 998 offer as to all issues (award in the amount of $8,848 against asserted damages of $54,756). King v. Cal Atlantic Homes.
- Defense verdict/award on behalf of the Builder with respect to the post-tensioned cable corrosion/geotechnical claims while also beating the defense's C.C.P. § 998 offer as to all issues (award in the amount of $2,582 against asserted damages of $50,739). Vixon v. Cal Atlantic Homes.
Green & Hall, LLP Names Three New Partners
Green & Hall, LLP is pleased to announce that James L. Bothwell, Jered T. Ede and Valerie J. Schratz have been named as partners of the firm. Mr. Bothwell is based in the firm’s Roseville office, while Mr. Ede and Ms. Schratz are based in the Santa Ana office.
Green & Hall, LLP Announces New Partner Robert J. Kahn
Santa Ana/Roseville – Green & Hall is pleased to announce that Robert J. Kahn, a Fellow of the American College of Trial Lawyers, has joined the firm as a partner in its Northern California office. With a practice that spans the entire State and beyond, Mr. Kahn brings to the firm over 35 years of trial and appellate experience, specializing in litigation strategy and comprehensive client protection.
The American College of Trial Lawyers inducted Mr. Kahn into its ranks in 2012. This prestigious organization is an invitation-only premier national legal association in which membership cannot exceed one percent of the total lawyer population of any state or province. Mr. Kahn has handled a wide array of complex claims on behalf of both plaintiffs and defendants. He has also served as the primary outside litigation counsel for a major statewide geotechnical and environmental engineering firm for the past 25 years, and was also one of the few solo practitioners to be approved as panel counsel for a major national carrier. Mr. Kahn has represented a wide range of clients, including contractors and design professionals, in diverse matters including multi-unit residential construction projects, litigation involving industrial freezers, private improvements at the Port of Oakland, and multi-million dollar construction and design deficiency claims brought by a major Indian casino.
With his extraordinary experience, talent and skill, Green & Hall is excited to have Mr. Kahn join its team of top-tier trial lawyers. The Firm’s clients will benefit greatly from his professionalism, his innovative problem-solving and, when necessary, his aggressive and effective trial expertise.
"Builders for Babies" 2016 Diaper Drive - Another Great Success
California Mortgage Bankers Association Magazine Features Article by Jered T. Ede
Jered T. Ede’s article on compliance with California’s Single Points of Contact rules was featured in California Mortgage Bankers Association’s Finance News Magazine. Mr. Ede's article explains the complex rules for being a Single Point of Contact under California’s Homeowner Bill of Rights.
Mr. Ede is a member of the firm’s Mortgage Banking & Finance litigation group headed by Howard D. Hall and is based in Green & Hall’s Santa Ana office.
Green & Hall LLP Wins Complete Defense Verdict
Green & Hall won a complete defense verdict after a five-day bench trial against a plaintiff who sought to enforce an alleged loan modification agreement. In the lawsuit, the plaintiff claimed to have entered into an agreement with a homeowner that would have given him 50% equity in the home if he helped the homeowner negotiate a loan modification. Under this purported deal, the plaintiff would use his financial information on the HAMP application to help the homeowner qualify for the modification. The defendant allegedly assured the plaintiff that if he submitted his information as a co-borrower on the HAMP application, he would be added as a co-borrower on the underlying note. The trial court ruled that the alleged agreement was unenforceable, finding that the defendant did not make any such representations. The court also ruled that even had the defendant made such representations, the plaintiff could not have justifiably relied on them, at least in part because of his experience as a former attorney.
Green & Hall LLP Obtains Summary Judgment in Lending Fraud Case
In a coordinated action encompassing more than a dozen cases from counties across California, Green & Hall succeeded on a motion for summary judgment in favor of its mortgage lender client, confirming the client’s superior loan position on a multimillion-dollar residential property located in Northern California. The property had been the subject of numerous conspirators’ fraudulent scheme to obtain loan proceeds by securing multiple first position loans by falsifying records. The property’s record title was complicated by dozens of both fraudulent and legitimate transactions. By examining the local county recorder’s actual grantor-grantee indices, and securing critical admissions of the other lenders, Green & Hall was able to show that its mortgage lender client was in true first position. The Court agreed, and granted the motion for summary judgment in full, including an award of costs. The Court's judgment paved the way for the client to subsequently recover the outstanding balance of its loan—more than one million dollars.
Green & Hall LLP Wins Defense Verdict
Green & Hall and attorney Jonathan Slipp overwhelmingly defeated a negligent supervision lawsuit against a pre-school and its director after a two-week jury trial. In the lawsuit, plaintiff alleged that her three-year-old daughter had been repeatedly physically and sexually molested by other students while at the school. The child was diagnosed as having suffered post traumatic stress disorder and received extensive psychological therapy for nearly four years. At trial plaintiff presented the expert testimony of a school supervision expert that the school staff were negligent for failing to observe and protect the child from violent attacks by the other students. Plaintiff also presented the testimony of the treating psychologist and an expert witness psychologist to detail the continuing emotional and mental damages arising from the child’s post traumatic stress disorder. The jury handed down a defense verdict, voting 12-0 in favor of the school and director.