July 2022 – Unanimous Defense Verdict
Partners Brian Plante and Colin Cavanaugh obtained a complete defense verdict following a two week jury trial in Clark County, Nevada. The case involved a claim against the Firm’s homebuilder client alleging negligence in the construction of a community park and retaining wall adjacent to the plaintiffs’ home. The plaintiffs sought upwards of $1 million in damages for past and future repair costs, loss of use, and diminution in value. The jury returned a unanimous defense verdict in less than 30 minutes. The Firm’s homebuilder client had served a statutory offer of judgment, and having achieved a better result, is entitled to its attorneys’ fees and expert costs.
June 2022 – Plante Lebovic LLP Prevails In Bench Trial
Managing Partner Brian Plante prevailed in a two week bench trial in Orange County Superior Court. The Firm represented a homeowner in Corona del Mar who initiated litigation against their neighbor for breach of the CC&Rs and injunctive relief arising out of the neighbors’ unauthorized exterior improvements. The affirmative claims also included an assigned indemnity claim, which was acquired by way of a settlement with one of the defendants. The Firm’s client prevailed on all claims, including prohibitory and mandatory injunctive relief and monetary damages under the assigned indemnity claim. As the prevailing party, the Firm’s clients are entitled to their attorneys’ fees and costs.
December 2021 – Defense Award in Binding Arbitration
Managing Partner Brian Plante and Nichole Wong obtained an unqualified victory for their homebuilder client after a two week binding arbitration. The case was initiated by a framing contractor that claimed amounts due and owing under its contract. The homebuilder had identified errors with the framing work, corrected those errors, and back charged the framing contractor for repair costs incurred. The arbitrator found in favor of the homebuilder on the framing contractor’s claims for non-payment. The arbitrator also found in favor of the homebuilder on its cross-claims for damages caused by the framing contractor’s defective work, including 100% of all claimed repair costs, delay damages, and pre-judgment interest. As the prevailing party, the Firm’s homebuilder client was awarded its attorneys’ fees, expert costs, and arbitration costs, resulting a judgment against the framing contractor in excess of $700,000.
September 2021 – Defense Award in Binding Arbitration
Managing Partner Brian Plante obtained a complete defense award on behalf of a homebuilder client in a case involving a breach of contract claim by a buyer. As the prevailing party, the Firm’s homebuilder client was deemed the prevailing party and awarded its attorneys’ fees and costs, including the costs of arbitration.
December 2020 – Plante Lebovic LLP Supports Builders 4 Babies
The firm did not let the pandemic stand in its way of delivering a full pallet of diapers to support the annual Builders 4 Babies Diaper Drive. The event raised over 700,000 diapers to help non-profits across Orange County and Plante Lebovic LLP is thrilled to once again be a part of this worthy cause.
December 2020 – Plante Lebovic LLP Spreads Holiday Cheer
For the fourth year, Plante Lebovic LLP sponsored a family in need for the holidays through the Thomas House Adopt-A-Family program, which provides assistance to homeless families with children. Hoping we made someone’s holidays a little brighter with lots of gifts and holiday cheer!
October 2020 – Plante Lebovic LLP Supports Interval House
For the third consecutive year, Plante Lebovic LLP made some pars (and a few birdies) to support Interval House by participating at the Archangel level in its 34th Annual Charity Golf Tournament at Mission Viejo Country Club. This annual event has raised millions of dollars for Interval House, an award-winning charitable organization that provides outreach services, transitional and emergency housing to victims of domestic violence.
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 clients alleging that the reservoir and water distribution system installed pursuant to the 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 affecting 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 regarding the need to curb construction defect litigation to maintain affordable housing in the State of California.
May 2019 – Plante Lebovic LLP Supports City of Hope
Plante Lebovic LLP is a proud supporter of the City of Hope and participated as a Silver sponsor in the 2019 Construction Industry Alliance Spirit of Life Gala. The City of Hope is dedicated to making a difference in the lives of people with cancer, diabetes and other serious illnesses and the firm is happy to help the cause.
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.