Winning: Truckee AAA Arbitration
In yet another AAA Arbitration, Bob Sims obtained an Award in AAA Arbitration on a single family home located in Truckee. Brief Facts:Plaintiffs claimed damage to two homes from drainage problems including a flood event that damaged the finished basement of the home. There were other assorted construction defects alleged. Claimant alleged 51,313,029 in damages. […]
Winning: AAA Arbitration in San Francisco
Bob Sims obtained an Award in AAA Arbitration on a single family home located in San Francisco. Brief Facts:Plaintiffs claimed damages to almost every aspect of their home from framing, to roofing, to concrete and drywall. There was also a sizable claim related to the time needed to fix the home and in San Francisco, […]
Winning: Trial on Non-Disclosure Issue – Granite Bay Home
Bob Sims obtained a verdict in a case involving an alleged non-disclosure of defects in a single family home in Granite Bay. As of the writing of this, while the verdict has been rendered cost issues are still being litigated. Brief Facts:This matter involved a single family home wherein plaintiff claimed that expansive soils were […]
Winning : Trial in Wine Country
Most recently, Ms. Cynthia Lawrence rang up a victory in Sonoma County Superior Court. Brief Facts:This matter involved a single family home wherein plaintiff claimed a litany of construction defects including drainage issues resulting in a flood, waterproofing problems, siding and window issues and various other issues. Plaintiff’s counsel requested the jury issue an award […]
Winning: Win in Butte County Superior Court
We are proud to announce yet another in a string of victories for Sims, Lawrence & Arruti. Bobby Dale Sims, Jr. received a defense award after an almost four week of trial in Butte County Superior Court. This matter involved a General Engineering Contractor that allegedly destabilized property resulting in a landslide. Our client was […]
Winning: Bessolo v. R&R Horn, Inc.
Association of Defense Counsel of Northern California and Nevada DEFENSE COMMENT MAGAZINE Trials & Tribulations Submission Form Date of Submission: 10/31/18 Contact Person for Submission: Bobby Dale Sims, Jr. Trial Counsel Name(s) & Law Firm: Plaintiff’s Counsel: Therese Y. Cannata & Mark P. Fickes – Cannata O’Toole Fickes & Olson Defense Counsel: Bobby Dale Sims, Jr. – Sims, Lawrence & Arruti; and Scott M. Hutchison, Law Office of Matthew G. SalazarCounty/District and Trial Judge Name: Butte County –Presiding Judge Tamara Mosbarger Case Name (Optional): Bessolo v. R&R Horn, Inc. Description of Trial: Claim: It was alleged that a General Engineering Contractor destabilizedproperty resulting in an active landslide. The Contractor was hired by Butte County to remove unpermitted culverts and provide erosion controls after plaintiff installed unpermitted culverts in a seasonal creek. The location of the site was next to Butte Creek and the plaintiff’s […]
Winning: Evgenikos v. Commercial Dynamic, Inc.
Association of Defense Counsel of Northern California and Nevada DEFENSE COMMENT MAGAZINE Trials & Tribulations Submission Form Date of Submission: 11/02/18 Contact Person for Submission: Cynthia G. Lawrence Trial Counsel Name(s) & Law Firm: Plaintiff’s Counsel: Eugene Haydu, Law Offices of Eugene Haydu Defense Counsel: Cynthia Lawrence – Sims, Lawrence & ArrutiCounty/District and Trial Judge Name: Sonoma County –Judge Arthur Wick Case Name: Evgenikos v. Commercial Dynamic, Inc. Description of Trial: This matter involved a single-family home located in Bodega Bay. Plaintiff claimed a litany of construction defects including drainage deficiencies resulting in a flood, waterproofing problems, siding and window issues and various other complaints. The causes of action included breach of contract, negligence, breach of warranty and violations of the building standards under CC § 895 et seq. Since the home was not for sale to the public, the Judge ruled that CC § 895 did not apply. Ms. Lawrence countered by pointing out that most of the defects were caused by the plaintiffs or the plaintiff’s design professionals. Plaintiff’s counsel requested the jury issue an award of $604,000. The lowest demand prior to trial was $500,000. Ms. Lawrence had offered as much as $300,000 with an indication of more. A CCP § 998 was issued jointly with the only subcontractor in the case for a total of $200,000.Prior to Trial, a total of $159,999 was collected from other parties. After 6 weeks of trial, the Jury returned an award of $139,666. As the client in this matter mentioned, “Who makes money defending a case!”