July 2020 – Motion for Summary Adjudication Granted
Managing Partner Brian Plante obtained summary adjudication on behalf of a homebuilder client in a large construction defect dispute, wherein a homeowners’ association seeks damages for alleged building standard violations. The homebuilder filed motions for summary adjudication based on standing and the statutes of limitation set forth in Civil Code section 896. Both motions were granted, resulting in more than $3 million in defect claims being dismissed.
June 2020 – Defense Award in Binding Arbitration
Partners Brian Plante and Patrick Craig obtained a complete defense award on behalf of a prominent Los Angeles real estate broker in a case involving alleged fraud, concealment, and nondisclosure in conjunction with the sale of a luxury high rise condominium. The arbitrator found no liability on behalf of the broker and returned a complete defense award. The broker had served a statutory offer to compromise prior to the arbitration, which was rejected. In post-arbitration cost motions, the arbitrator awarded the broker its litigation costs as the prevailing party, including its expert fees and its share of the arbitration costs.
February 2020 – Nonsuit Granted After Three Week Jury Trial
Partners Brian Plante and Patrick Craig represented a large orange county real estate broker that was sued for alleged nondisclosure associated with improvements made by a wholesale real estate investor. After the presentation of the evidence, the Court granted nonsuit as to 98% of the Plaintiff’s damage claim (leaving only one discreet issue). The remaining claim was valued at less than the statutory offer to compromise that was served by the broker and a settlement was reached immediately before closing arguments were scheduled to commence, with the Plaintiff paying the broker’s litigation costs.
January 2020 – Plante Lebovic LLP Opens Las Vegas Office
Plante Lebovic LLP is pleased to announce the opening of its Las Vegas office, located at 9205 West Russell Road, Las Vegas, NV 89148. Colin Cavanaugh, an Orange County native who relocated to Las Vegas several years ago, has joined the PL team and will be the managing attorney of the firm’s Las Vegas office.
December 2019 – Motion for Summary Judgment Granted – Class Action
Four San Diego plaintiffs’ firms filed a class action lawsuit against one of the firm’s land developer builder clients alleging that the reservoir and water distribution system installed pursuant to the developer’s Development Agreement with the City are defective resulting in water with unacceptably high levels of heterotrophic bacteria. After four years of litigation and extensive discovery, the Court granted the developer’s Motion for Summary Judgment terminating the litigation as to the firm’s client.
December 2019 – Defense Award in Binding Arbitration
Managing partner Brian Plante completed a binding arbitration involving 15 luxury homes in the East Bay. The arbitrator issued a defense award which was a fraction of the statutory offers to compromise issued by the homebuilder. The arbitrator ruled that the homebuilder is therefore the prevailing party and issued a final award ordering the claimants to pay for the homebuilder’s statutory costs, arbitration fees, and expert fees totaling in excess of $100,000.
October 2019 – Motion for Summary Judgment Granted – Express Indemnity
One of the firm’s builder clients was sued by a Condominium Association for construction defects involving a large luxury condominium development in Scottsdale, Arizona. The homebuilder filed a Motion for Summary Judgment against the successor developer that purchased the completed project and later sold the units based on an indemnity provision in the purchase agreement. The Motion was granted, and the Court held that the successor developer must completely defend and indemnify the builder as it pertains to the Association’s defect claim, effectively absolving the firm’s builder client from any liability for the defect claims.
June 2019 – Brian Plante Testified Before California Assembly
Managing partner Brian Plante testified before the California Assembly Housing Committee regarding Senate Bill 326, involving proposed legislation effecting vote requirements for construction defect litigation in project CC&Rs. As the lead trial and appellate attorney in the underlying Branches Neighborhood Corp. v. CalAtlantic Group, Inc. litigation, wherein a similar vote provision was upheld, Mr. Plante was asked by the Building Industry Association to testify on behalf of homebuilders.
May 2019 – Plante Lebovic LLP Opens Phoenix Office
Plante Lebovic LLP is pleased to announce the opening of its Phoenix office, located at 2375 E. Camelback Rd., Phoenix, AZ 85016. Attorney Melanie Woodfin, a PL original, is the managing attorney of the Phoenix office.