Gray•Duffy, LLP Obtains Complete Dismissal After Only Two Months of Active Litigation

May 2014

Overview

Michelle MacDonald of Gray•Duffy’s Encino office negotiated an agreement for a complete dismissal of the firm’s client in a construction defect matter.

Discussion

Blackledge v Presidential Heights Community et al The plaintiffs own a condominium in a Homeowner’s Association (HOA) in San Clemente that had previously been the subject of an extensive litigation. Gray•Duffy’s client was a plumber that performed work for both the HOA and the individual owner plaintiffs. Several years after the work, the plaintiffs detected an “oozy” patch of grass in the common area which they claimed was the result of a leak within the main plumbing line. Although the plaintiffs conceded that the main line was not within the scope of work of the plumber, they contended that the plumber should have detected signs of an inadequate job and damage from the leaks in the ordinary course of their own work. Had the discovery been made sooner by the firm’s client, it would have arguably reduced the level of damage. After several informal negotiations, and prior to formal discovery and trial, Gray•Duffy secured a dismissal on behalf of its client thereby saving considerable litigation expenses. In all, the case against the firm’s client was active for approximately two months, before the dismissal was secured.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.