Schedule of Expert Witness
Services
Attorney References
The following is a partial list of attorneys that represents a wide
range of experience in which Neal Graham and associates have been involved.
Litigation Cases for Construction Defect and related Real
Estate Matters
Layne Melzer,
Attorney: Rutan & Tucker
Bank Of The West, Suite 1400
611 Anton Boulevard
Costa Mesa, CA 92626-1988
Case # 1
Client: Church,
non-profit org. (Plaintiff)
Plaintiff: Church
Defendant: General
Contractor, Const. Manger
Status: Arbitration
in favor of Client
Contract dispute regarding over-payments by
plaintiff and wrongful termination by defendant.
Case # 2 – La Ventana Landslide @ San
Clemente
Client: 3
Municipal Governments
Plaintiff: HOA
Defendant: 3
Municipal Governments
Status Settled at Trial
Suit for alleged damages resulting from a landslide that came from
hillside / bluff lots onto Amtrack and Pacific Coast Highway.
Case # 3 – B & B Trucking vs. City of Rialto
Client: B
& B Trucking, a Business Operation
Plaintiff: B
& B Trucking
Defendant: City
of Rialto
Status: Settled at Jury Trial
Trial testimony relating to estimates relatin to replacement and rapair
costs. (Including nature and
extent of the damage).
John R.
Hessee, ll, Attorney: Pettit & Martin
101 California Street, 35th Floor
San Francisco, CA 94111
(Pettit & Martin has dissolved their entity)
Missawa vs. Peter Kewit (Sky Valley Golf Course (Palmer) –
Landslide issue)
Client: Developer
– Foreign
Plaintiff: Developer
Defendant: General
Contractor
Status: Testimony at arbitration (San Francisco). Settlement in favor of our client.
Mr. Heisse is a real estate transactions and litigation attorney. Neal Graham and associates worked with Pettit
& Marin under Mr. Heisse’s direction in the preparation of a complex
construction claim. The elements
of the claim include delay, liquidated damages, negligence and fraud.
Joe Cullen,
Attorney: Mower, Koeller, Nebeker, Calson & Haluck
108 Pacifica, Third Floor
Irvine, CA 92713
(949) 753-1229 Fax: (949) 752-1412
Case # 1
Client: Developer
/ Builder / Insurance Company
Plaintiff: HOA
Defendant: Developer/Builder
Status: Settled
before trial
Construction defect litigation.
Home Owner’s Association versus Builder.
Case # 2
Client: Developer
/ Builder / Insurance Co.
Plaintiff: HOA
Defendant: Developer
/ Builder
Status: Settled
before trial
Over 600 condos involved in the case. Construction defect litigation – Homeowners
Association versus Builder.
Case # 3
Client: Development
/ Builder / Insurance Company
Plaintiff: Individual
Home Owners
Defendant Developer/Builder
Status: Trial
pending – August 2001
A unique non – class action case involving over 200 single family
dwelling owners as separate (but joined) plaintiffs.
Bob Toolen,
Attorney: Cooksey, Howard, Martin & Toolen
1352 Irvine Boulevard
Tustin, CA 92680
(949) 832-2474 Fax: (949) 730-6618
Client: General
Contractor / Insurance company
Plaintiff: Property
Owner
Defendant: General
Contractor
Status: Discovery
completed and Arbitration pending.
Case Settled with Judge Oliver at Orange County J.A.M.S.
Mr. Koenig is a
real estate litigation attorney. Neal Graham provided expert witness
services for Mr.
Koenig on a case involving construction defects.
Richard Glucksman, Attorney: Chapman,
Glucksman & Dean
11900 West Olympic
Blvd. Ste. 800
Los Angeles,
CA 90054
(310)
553-3610 Fax: (310) 553-0687
Client: Builder
/ Insurance Co.
Plaintiff: Class
Action
Defendant: Builder /
Insurance Co.
Status: Settled at mediation. (Ross Hart)
Class Action of
Detached Single Family Homeowners (no HOA) verses Builder in Colton CA.
Edwin M.
Moore, Attorney: Howell, Moore & Gough
812 Presidio Avenue
Santa Barbara, CA 93101
(805) 962-0524
Client: Lessee
– Equestrian Center Operator
Plaintiff: Property
owner – Lesser
Defendant: Lessee
– Equestrian Center Operator
Status: Settled at jury trial
Our client
had leased with option to purchase property in the Santa Inez Valley, with the
addition of many capital expenditures, turning it into an equestrian
center. Property owners chose to
revoke the lease.
John
Streeter, Attorney: Hillsinger & Costanzo
3055 Wilshire Boulevard, Twelfth Floor
Los Angeles, CA 90010-1161
(213) 388-9441 Fax: (213) 388-1592
Case # 1
Client: Builder
/ Insurance Co.
Plaintiff: HOA
Defendant: Builder
Status: Case
settled after deposition testimony at mediation.
Construction defect litigation.
Home Owner’s Association versus Builder.
Case # 2
Client: Builder
/ Insurance Company
Plaintiff: Property
Owner
Defendant: Builder
/ Insurance Company
Status: Settled
at mediation
Construction defect litigation.
Home Owner’s Association versus Builder.
Tyrone
Toczauer, Attorney: Hillsinger & Costanzo
3055 Wilshire Boulevard, Twelfth Floor
Los Angeles, CA 90010-1161
(213) 388-9441 Fax: (213) 388-1592
Client: Framing
Contractor / Insurance Company
Plaintiff: HOA
Defendant: Framing
Contractor / Insurance Company
Status: Case
settled after deposition testimony at mediation.
Alleged
construction defects
Jeff Slott
Attorney Slott & Diamond
Jeff Diamond,
Attorney 15910 Ventura Boulevard,
Suite 1601
Encino, CA 90210
(310) 274-6683 Fax: (310) 859-7743
Client: Builder
/ Insurance Company
Plaintiff HOA
Defendant: Builder
/ Insurance Company
Status: Case
settled after deposition and arbitration testimony (J.A.M.S.)
Construction defect litigation.
Home Owner’s Association versus Builder.
Richard Rust,
Attorney: Kalisch, Cotugno & Rust
Penthouse Suite
9606 Santa Monica Boulevard
Beverly Hills, CA 90210
(310) 274-6683 Fax: (310) 859-7743
Client: Builder
Plaintiff: Builder
Defendant: Developer,
JV Partners
Status: Deposition
and trial testimony. Jury award in
favor of our client.
Contract dispute regarding unlawful sale of property to 3rd
party by Developer while under contract with Builder
Gene
Yamamoto, Attorney: Landels, Ripley & Diamond
350 Steuart Street
San Francisco, CA 94105-1250
(415) 788-5000 Fax: (415) 788-7550
Client: Builder
Plaintiff: Builder
Defendant: Developer
Status: Case
settled after deposition testimony.
Mr. Yamamoto is a real estate litigation attorney. Neal Graham provided expert witness services
for Mr. Yamamoto on case involving construction defects.
Earnest C.
Brown, Attorney: Brown, Pistone, Hurley & VanVlear
8001 Irvine Center Drive, Suite 900
Irvine, CA 92718
(949) 727-0559 Fax: (949) 727-0656
Client: Developer
Plaintiff: Builder
backed by a foreign investor
Defendant: Developer
Status: Case
settled in favor of our client
Contract dispute relating to sale of developed real property in Rancho
Palos Verdes CA
John
Petrasich, Attorney: Jackson, DeMarco
& Peckenpaugh
4 Park Plaza, 16th floor
Irvine, CA 92714
(949) 752-8585 Fax: (949) 752-0597
Client: Developer
Plaintiff: Developer
Defendant: County
of Orange
Status: Case
settled in favor of our client.
Mr. Petrasich is a real estate transaction and litigation
attorney. Our experience with Mr.
Petrasich involved a lawsuit against the County of Orange regarding grading
issues that caused delays and liquidated damages. The ruling, in favor of the plaintiff, included an award for
both delays and liquidated damages caused by the County of Orange.
Real Estate Acquisition and Disposition Matters
Jerry Walsh,
Attorney Cox, Castle & Nicholson
19800 Mac Arthur Boulevard, Suite 600
Irvine, CA 92715
(949) 476-2111 Fax: (949) 476-0256
Mr. Walsh is a general real estate attorney with a specialty in toxic
contamination. Our experience with
Mr. Walsh involved a project called Somerset Park. This was a large multi-family project with difficult
acquisition issues including four oil wells that had to be abandoned. Mr. Walsh has left CCN for private
Practice and additionally was involved with Neal Graham as corporate counsel
for over 20 years.
Greg Hughes,
Attorney: Pillsbury, Madison & Sutro
400 Capitol Mall, Suite 1700
Sacramento, CA 95814
(916) 329-4700 Fax: (916) 441-3583
Mr. Hughes is a real estate transaction and litigation attorney. Neal Graham and associates assisted Mr.
Hughes’ clients in establishing land use expectations.
John Simon,
Attorney: Sheppard, Mullin, Richter & Hamption
4695 MacArthur Court, Suite 700
Newport Beach, CA 92660
(714) 752-6400 Fax: (714) 851-0739
Mr. Simon is a real estate transaction and litigation attorney. Our experience with Mr. Simon includes
a lawsuit regarding acquisition issues on the Goodwin-Thompson parcel in the City
of Placentia.
Steven Dzida,
Attorney Jackson, DeMarco & Peckenpaugh
4 Park Plaza, 16th
floor
Irvine, CA 92714
(949) 752-8585 Fax: (949) 752-0597
Mr. Dzida is a real estate attorney who specialized in CC&R and
Homeowners Association issues. Our
experience with Mr. Dzida revolved around complex disclosures and CC & R
issued at the Huntington Beach Classics as well as several other projects. Complexities at the Huntington Beach
Classics included the closure of 16 active oil wells.
Paul Churchill, Attorney: Cooley,
Godward, Castro Huddelson & Tatum
One Maritime Plaza, 20th Floor
San Francisco, CA 94111
415) 693-2000 Fax: (415) 951-3699
Retained to represent Misawa Homes of America in the formation of a
Geologic Hazard Abatement District (GHAD) for the 1350 acre Sky Valley project
in Vallejo, CA A
“GHAD” is intended to provide funds for geologic failures via
collection of reserve funding, district-wide.
Mike Green,
Attorney: Palmieri, Tyler, Wiener, Wilhelm & Waldron
2603 Main Street, Suite 1300
Irvine, CA 92714
(949) 851-9400 Fax: (949)
851-1554
Mr. Green is a real estate transaction and litigation attorney. Neal Graham was involved with Mr. Green in
several complicated land assemblage acquisitions.
Consulting Fees and
Additional Information
Our standard consulting fee for services provided pre-trial is $125.00
per hour. This rate is modified
for opposing attorney deposition, mediation, arbitration and court time to
$250.00 per hour.
Should more detailed information on the above referenced Litigation
experience, or additional references, please contact Neal Graham.
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