Exceeding Your Expectations

 
Results

Construction Defect

Development: Carroll Canyon Business Park

Client: Owners of 10 commercial condominiums

Location: San Diego

Settlement: $155,000.00

Year: 2015

The JCL Law Firm settled a construction defect case for ten commercial condominium units in San Diego. The case involved just one issue; roof leaks caused by inadequately installed roof flashing. The parties reached the settlement in this construction defect action during the second mediation. 

                                                                                                                                               

Development: Confidential Palm Springs

Client: Owners of 181 single family homes.

Location: Palm Springs

Settlement: $3.92 Million

Year: 2014

The JCL Law Firm settled a construction defect action on behalf of the owners of 181 homes in Palm Springs, California. The primary claim involved a defective flooring product that allowed floor tiles to crack. Attorney Jean-Claude Lapuyade, Esq., traveled around the country developing a strong product liability case against the product manufacturer. The matter resolved a week before trial. Each home received a gross settlement in excess of $20,000.    

                                                                                                                                               

Development: San Elijo Hills

Clients: Owners of 11single-family homes

Location: San Marcos, California

Settlement: $100,000.00

Year: 2014

The JCL Law Firm reached a favorable settlement with a national homebuilder on behalf of eleven single-family homeowners. The parties reached the settlement in this construction defect action during the second mediation. 

                                                                                                                                               

Development: San Elijo Hills

Clients: Owners of 4 single-family homes

Location: San Marcos, California

Settlement: $38,000.00

Year: 2014

The JCL Law Firm reached a favorable settlement with a national homebuilder on behalf of four single-family homeowners. The parties reached the settlement in this construction defect action during the second mediation. 

                                                                                                                                               

Development: Rosemary Lane at 4S Ranch

Client: Owners of 18 single-family homes

Location: San Diego, California

Settlement: Confidential

Year: 2013

The JCL Law Firm reached a favorable settlement with a national homebuilder on behalf of eighteen homeowners. The parties reached the settlement in this construction defect action during the second mediation. 

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Development:  Seascape

Client: Seascape Homeowners Association

Location: Solana Beach, California

Settlement: Confidential

Year: 2013

The JCL Law Firm recently settled a construction defect action on behalf of the Seascape Homeowners Association. The Seascape Homeowners Association sued a contractor for negligent installation of a cedar-shake, siding product.  The case resolved during a mandatory settlement conference on the eve of trial. The settlement amount is confidential. 

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Development: PGA WEST Fairways

Client: Owners of 14 single-family homes

Developer: National Homebuilder (Confidential)

Location: La Quinta, California

Settlement: $460,000.00
Year: 2013

The JCL Law Firm reached a favorable pre-trial settlement in this construction defect lawsuit located within the PGA WEST Fairways development in La Quinta, California. The gross settlement yielded $32,857.00 per house for a total settlement of $460,000.00.  The case involved leaking single-hung windows caused by the negligent installation of a home alarm system.  The case settled one month before trial during a mediation.

                                                                                                                                               

Development: 4S Ranch

Client: Owners of 26 single-family homes

Developer: National Homebuilder (Confidential)

Location: San Diego, California

Settlement: $260,000.00
Year: 2013

The JCL Law Firm reached a favorable settlement with a national homebuilder on behalf of twenty-six single-family homeowners. The parties reached the settlement in this construction defect action during the second mediation. 

                                                                                                                                               

Development: 4S Ranch

Client: Owners of 8 single-family homes

Developer: Regional Homebuilder (Confidential)

Location: San Diego, California

Settlement: $100,000.00
Year: March 2013

The JCL Law Firm recently settled an eight-home construction defect action within one-year of filing.  The attorneys at the JCL Law Firm negotiated a favorable settlement during the first mediation.

                                                                                                                                               

Development: Confidential

Client: Palm Springs Homeowner Association

Developer: Confidential

Location: Palm Springs

Settlement: $700,000.00

Year: 2012

Our firm represented a Palm Springs California homeowners association in a construction defect action against the master developer. The defects included the defective tennis courts and perimeter walls. After numerous mediations, Attorney Lapuyade helped attain a partial settlement with the master developer in the amount of $700,000.00.


Development: 4S Ranch

Client: Owners of 10 single-family homes

Developer: Confidential

Location: San Diego, California

Settlement: $140,000.00

Year: 2012


The JCL Law Firm recently settled this ten-home case after just two mediations.

                                                                                                                                               

Development: Confidential

Client: Owners of 14 single-family homes

Developer: Confidential

Location: San Elijo Hills, San Diego County

Settlement: $196,000.00

Year: 2012                                                                   

Mr. Lapuyade successfully negotiated this favorable settlement during just the second mediation prior to invasive testing and deposition discovery. This case involved a complicated Owner Controlled Insurance Program, also known as an “OCIP-WRAP” policy. OCIP-WRAP policies are a new comprehensive general liability insurance product gaining favor with developers of mass produced housing.


Development: Confidential

Client: Owners of 5 single-family homes

Developer: Confidential

Location: Salton City, California

Settlement: $92,500.00

Year: 2012


The JCL Law Firm acted as co-counsel for Plaintiffs in this five-home construction defect action for damaged caused by isolated soil movement. The action involved a developer defendant no longer in business, and an insurance policy that excluded claims for damage caused by soil movement. Nevertheless, Attorney Lapuyade negotiated this favorable settlement for his clients prior to trial and prior to deposition discovery.  


Development: Four Seasons at Palm Springs

Client: Four Seasons at Palm Springs Homeowners Association

Contractor: Pyramid Builders

Location: Palm Springs, California

Settlement: $150,000.00

Year: 2012


Following completion of the Civil Code section 1375 “Calderon process, Mr. Lapuyade negotiated this settlement with Pyramid Builders Corp., and certain subcontractors, for allegedly defective design of a perimeter block wall system known as Proto-II walls. 

*This settlement did not involve the project developer.


Development: Four Seasons at Palm Springs

Client: Four Seasons at Palm Springs Homeowners Association

Contractor: Angelus Block Company, Inc.

Location: Palm Springs, California

Settlement: $50,000.00

Year: 2012


Following completion of the Civil Code section 1375 “Calderon process, Mr. Lapuyade negotiated this settlement against Pyramid Builders Corp. for the allegedly defective installation of a perimeter block wall system.

*This settlement did not involve the project developer.


Development: Confidential

Client: Homeowners Association

Developer: Confidential

Location: Palm Springs, California

Settlement: $700,000.00

Year: 2012


This action included claims for allegedly defective construction of certain common area improvements owned and maintained by a single-family home, homeowners association.  As co-counsel, Mr. Lapuyade negotiated this settlement with the project developer and various subcontractors five months prior to the start of trial.  This action involved very complicated insurance issues, including a partial Owner Controlled Insurance Program, also known as an OCIP-WRAP program. 


Development: Confidential

Client: Four Seasons at Palm Springs Homeowners Association

Contractor: Pyramid Builders

Location: Palm Springs, California

Settlement: $150,000.00

Year: 2012


Following completion of the Civil Code section 1375 “Calderon process, Mr. Lapuyade negotiated this settlement against Pyramid Builders Corp. for the allegedly defective design and installation of a perimeter block wall.


Development: Confidential
Client: Condominium Homeowners Association
Developer: Confidential
Location: Palm Springs, Riverside County
Settlement: $2,000,000.00
Year: 2011

Mr. Lapuyade acted as co-counsel for a 65-unit condominium homeowners association, located in Palm Springs, California, in its action against the project’s developer. After filing the complaint, Plaintiff offered proof justifying a $2 million “policy limits demand” to the developer’s insurance carrier. Prior to answering the complaint, the developer’s insurance carrier evaluated the damages at the project and determined to pay out the insurance policy limit of $2 million. The case resolved within 3 months of filing without incurring substantial expert costs.


Development: Toll Brothers at PGA WEST Fairways

Client: PGA WEST Fairways Homeowners Association

Developer: Toll Brothers, Inc.

Location: Indio, California

Trial Verdict: $319,557.01

Year: 2011


The PGA WEST Fairways Homeowners Association sued Toll Brothers, Inc. for construction defects after a residential street in the community failed as a result of soil movement.  Prior to trial, Toll Brothers, Inc. offered $40,000.00.  At trial, Mr. Lapuyade discredited the leading defense expert on cross-examination by showing the expert fabricated an essential document which helped form the basis of the expert's opinion.   


Development: Confidential

Clients: Five single-family homeowners

Developer: Confidential

Location:  City of Oceanside, San Diego County

Settlement: $50,000.00

Year: 2010


In this construction defect action limited solely to a defective hot water pump and nothing else, attorney Lapuyade successfully negotiated a $10,000.00 per home settlement within forty-five days of filing the complaint.


Development: Salton Sea Estates

Clients: Eleven single-family homeowner

Developer: Executive Homes, Inc., et al.

Location: Salton City, Imperial County

Settlement: $421,000.00

Year: 2010


In this construction defect action for leaking windows and soils movement, attorney Lapuyade assisted with Naumann Law Firm, APC, in negotiating a $421,000.00 settlement with the Developer and certain subcontractors.

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Development: Confidential

Clients: Eighteen single-family homeowners

Developer: Confidential

Location: Salton City, Imperial County, San Diego

Settlement: $1,050,000.00

Year: 2010


In this construction defect action for expansive soils, attorney Lapuyade assisted the Naumann Law Firm, APC, in negotiating a $58,333.33 settlement per home despite strong evidence that the current market value for each home was only $40,000.00. 

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Development: Hermitage at PGA WEST Fairways

Client: Eighteen single-family homeowners

Developer: SWH Hermitage, LLC

Location: City of La Quinta, Riverside County, California

Settlement Amount: $205,000.00

Year: 2009


In this construction defect action for leaking windows, attorney Lapuyade negotiated settlements with various subcontractors in the amount of $205,000.00.   The settlements negotiated by attorney Lapuyade do not include settlements with either Pacific Window Corporation or Steven Walker Homes.*

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Development: Confidential

Client: Thirteen single-family homeowners

Developer: Confidential

Location: City of La Quinta, Riverside County

Settlement Amount: $300,000.00

Year: 2009


In this construction defect action for leaking windows and roofs, attorney Lapuyade successfully negotiated a $23,000.00 per home settlement prior to obtaining a trial date.*

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Development: Confidential

Client: Seventy-one single family homeowners

Developer: Confidential

Location: Menifee, County of Riverside

Settlement: $820,000.00*

Year: 2008

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Development: Confidential

Client: Six single-family homeowners

Developer: Confidential

Location: City of Chula Vista, San Diego County

Settlement: $40,000.00*

Year: 2007

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Business & Employment Litigation

Case: Contra Costa Superior Court

Client: Confidential

Employer: National Mortgage Lender

Settlement: $70,000.00

Legal Theory: Unpaid Commissions

Year: 2014


The JCL Law Firm successfully recovered $70,000.00 in unpaid compensation for its client.  In this case, the national mortgage lender employer wrongly withheld earned commission from its employee. The case resolved on the first day of trial.

                                                                                                                                               


Case: Confidential

Client: Denisse Schwartz

Employer: Call Center Employer

Settlement: $10,000.00

Legal Theory: Miscalculated overtime compensation

Year: 2014


The JCL Law Firm successfully recovered $10,000.00 in unpaid overtime compensation for its client.  In this case, the employer miscalculated the overtime rate by failing to account for non-discretionary bonuses. The case resolved on an individual basis prior to mediation.

                                                                                                                                               


Case: Confidential

Client: David Cullum

Employer: National Wireless Retailer

Settlement: $8,500.00

Legal Theory: Miscalculated overtime compensation

Year: 2014


The JCL Law Firm successfully recovered $8,500.00 in unpaid overtime compensation.  In this case, the employer miscalculated the overtime rate by failing to account for non-discretionary bonuses. The case resolved on an individual basis prior to mediation.

                                                                                                                                               


Case: Confidential

Client: Jessica Gunn

Employer: Confidential

Settlement: $33,000.00

Legal Theory: Misclassified employee

Year:  2014


The JCL Law Firm successfully recovered $33,000.00 in unpaid overtime compensation for a misclassified employee. The employer wrongfully classified the marketing assistant as exempt from overtime compensation in violation of California law. The case resolved at mediation.

                                                                                                                                               


Case: None Filed

Client: Employee

Employer: Confidential

Settlement: $90,000.00

Legal Theory: Misclassified employees

Year: 2014


The JCL Law Firm successfully recovered $90,000.00 in unpaid overtime compensation for a misclassified nurse. The employer hospital wrongfully classified the registered nurse employee as exempt from overtime compensation in violation of California law.

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Case: United States District Court, Southern District of California

Client: Wrongfully discharged employee

Employer: Confidential

Settlement: $100,000.00

Legal Theory: Title VII Retaliation, Wrongful Termination and Breach of Contract

Year: 2013

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Case: None filed

Client: Jose Gomez

Employer: Confidential

Settlement: $25,000.00

Legal Theory: Unlawful Termination

Year: 2012


Mr. Lapuyade obtained this $25,000.00 pre-litigation settlement only a few weeks after serving an initial demand letter. The client incurred zero court cost and quickly found new employment.

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Case: Patel v. Great Western Bancorp., Inc. et al

Court: Los Angeles Superior Court Case No. YC063898

Client: Leena Patel

Settlement: $80,100.00

Legal Theory: Breach of Contract

Year: 2012


This case resolved on the eve of trial and involved an unpaid business loan. The JCL Law Firm handled this case pro-bono and successfully recovered a significant portion of the unpaid loan balance for the client.

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Case: Sogge v. Denise Trudeau

Court: San Diego County Court Case No. 37-2012-00000386

Client: Steven Sogge

Trial Verdict: $10,814.46

Legal Theory: Wrongful Withholding of Rent Deposit

Year: 2012


Mr. Lapuyade successfully tried this small-claims appeal pro-bono. Mr. Sogge’s landlord, Ms. Dennis Trudeau wrongfully refused to return Mr. Sogge’s rental deposit after he vacated the leased premises. Ms. Trudeau appealed a $4,500.00 small claims judgment against her. During the trial de-novo on appeal, Mr. Lapuyade demonstrated that Ms. Trudeau wrongfully withheld the Mr. Sogge’s rental deposit and claimed an additional $6,000.00 in statutory punitive damages. The trial court agreed and entered judgment against Ms. Trudeau in the amount of $10,814.46.     

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Case: James Devlin v. Seastar Communities, LLC, et al.

Client: James Devlin

Settlement: $40,000.00

Legal Theory: Breach of Contract

Year: 2008


In this breach of contract action, attorney Lapuyade successfully negotiated a $40,000.00 settlement of unpaid project management fees at the first mediation.*

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Case: Kahala Franchise Corp. v. B&P Corporation et al.

Client: Kahala Franchise Corp.

Legal Theory: Breach of Franchise Agreement and Trademark Infringement

Settlement: $120,000.00

Year: 2007


Kahala Franchising Corp. brought this action upon discovering one of its franchisees sold its franchise location in violation of its franchise agreement.  The new owner operated the store under a similar name, comparable menu and nearly identical trade dress.  After bringing this action to enforce the terms of its franchise agreement and to stop the unauthorized infringement upon its trademark and dress, attorney Lapuyade negotiated a $120,000.00 settlement and an agreement to cease business operations within 120 days of filing the complaint.*


Case: None-filed

Client: Kahala Franchising Corp.

Legal Theory: Unlawful Detainer

Settlement: $38,000.00

Year: 2009


Through diligent efforts and calculated legal tactics, attorney Lapuyade successfully obtained all back rents, unpaid royalties and advertising fees for two Cold Stone Creamery® franchise locations in Los Angeles without filing a lawsuit.*

Personal Injury


Case: Confidential

Client: Joshua Salik

Court: San Diego, Superior Court

Legal Theory: Premise Liability and Negligence

Settlement: $25,000.00

Year: 2012


Mr. Salik suffered a sprain to his right knee after being physically assaulted by security staff at a popular San Diego hotel and Night Club
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Case: None-filed

Client: Metskas

Legal Theory: Uninsured Motorist Claim

Settlement: $35,000.00

Year: 2008


After a hit and run accident, attorney Lapuyade obtained a $35,000.00 policy maximum settlement for uninsured motorists claims despite only $6,000.00 in medical bills.*


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 ** Denotes cases not necessarily belonging to the JCL Law Firm but were cases in which the attorney Lapuyade had a substantial case responsibility on behalf of the identified client, and/or substantially contributed to the above referenced settlements.  

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  • San Diego, CA 92131
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