Litigation

California Shower Subcontractor Agrees To $11,400 Settlement With Developer In Case Alleging Construction Defects

Case name:  Jose Aceves, et al. v. RWR Homes, Inc., et al.

Case number:  GIC 862301

Court:  California Superior Court for San Diego County

Judge:  Luis R. Vargas

Verdict / Settlement (breakdown):  $11,400 settlement

Plaintiff(s):  Jose Aceves and other homeowners

Defendant(s):  RWR Homes, Inc.  Cross-defendant - Bath Co Shower Door, erroneously sued as E.L. Webster, Inc. dba Bath Co. Shower Door

Date:  April 26, 2010 (Bath Co Shower Door's application for good faith settlement)

Background:  Jose Aceves and more than 90 other homeowners alleged that their homes contained several construction defects, including faulty soil compaction, electrical, drywall, showers, plumbing, paint, cabinets, waterproofing, fencing, landscaping, grading, concrete, flooring, HVAC, tile, windows, doors, roofing, framing, sheet metal, fireplaces, chimneys, plaster and stucco.  The homes are located in Chula Vista, CA.  On March 7, 2006, Aceves and other homeowners filed suit against developer RWR Homes Inc. in California Superior Court for San Diego County.  Subsequently, RWR filed a cross-complaint against subcontractors, including Bath Co Shower Door.  Bath Co contracted with RWR to install shower enclosures in some of the homes.

Claim:  Strict liability, breach of express warranties, breach of implied warranties, apportionment negligence, express indemnity, implied indemnity, equitable indemnity, breach of contract, subrogation and declaratory relief

Defense experts:  Mike Brown, Brown Consulting & Construction, Anaheim, CA - licensed general contractor, expert witness for Kenwall Fireplaces, Inc.  Conrad Slabbert, San Diego, CA - drywall expert for Capital Drywall, Inc.

Other:  Bath Co's insurance carriers agreed to pay RWR $11,400 to settle the claims

\Plaintiff attorneys:  Mark Masterson, Milstein Adelman & Kreger, Santa Monica, Calif.

Defense attorneys:  For RWR - Teresa Beck and Jason A. Specht, Lincoln Gustafson & Cercos, Santa Monica, Calif.  For Bath Co Shower Door - Suzanne T. Norris, Law Offices of Marc Jennings, Santa Ana, Calif.