Firm Achievements

The following are representative cases that have been handled by our attorneys. Many cases involved confidential settlement agreements; therefore the party names and/or settlement amounts may not be included. These previous results are not meant as a guarantee or indication of any future results, even under similar fact situations.

Attorneys Ward & Hagen represented the owner of the Planter's Hotel in Brawley, CA, a historic commercial/hospitality structure that was destroyed in a fire in 2007. The insurer refused to pay the multi-million dollar claim for the loss and litigation commenced against the insurer and the broker who sold the policy. Ward & Hagen was able to secure a pre-trial settlement with the insurance company and then took the case against the broker through a two month jury trial and obtained a verdict of over $7,500,000 for their client.

Attorneys Ward & Hagen represented the owners of a new hotel in the Hesperia area that burned during the late stages of construction. The insurer delayed making any payments for approximately 10 months and then only offered an amount which was less than the full reconstruction costs and damages incurred by the insured/owner. Litigation was commenced to make the owners whole by obtaining the full measure of policy benefits to reconstruct the home and consequential bad-faith damages for lost business income. Ward & Hagen were successful in obtaining a substantial seven-figure payment from the insurer within a short period after being retained and thereafter argued the case through the policies appraisal process and obtained an award of over $760,000. Finally, Ward & Hagen also obtained additional settlement payments from the carrier through a confidential settlement of the bad faith claim reached after mediation conducted before Justice Howard Wiener (Ret.).

Attorneys at Ward & Hagen represented a family in Encinitas whose newly constructed single-family home was showing significant damage from soils movement. The family attempted to have the builder assess and fix the problem, but only saw delays as the damage to their home became more apparent. The builder and subcontractors were responsible for the rough grading of the half acre lot and expert testing showed the soils around the home were moving and would continue to do so for an indefinite period of time. A global settlement was reached for over $837,000 representing cost of repairs for extensive work to re-level the slab and foundations and to stabilize the underlying soils as well as to compensate the homeowners for loss of use of the home during the period of repairs.

Attorneys at Ward & Hagen represented a family in Encinitas who had purchased a home, only to find significant water damage and mold in the ceiling and walls of their childís bedroom. At mediation, the Defendants (Sellers and real estate agents) offered a combined $10,000. Upon further investigation/discovery, a prior occupant of the home was located who testified that the problems all predated the sale and all current damages could be linked to prior failed repair attempts. None of these prior problems had been disclosed by seller and directly contradicted the sellerís sworn deposition testimony. In the month prior to trial, the defendants agreed to settle for a total of $215,000.

Attorneys at Ward & Hagen represented the owners of an upscale tract home in the new 4S Ranch community of San Diego. The family discovered during the first rainstorm that many of the windows and doors leaked. In good faith, the family allowed the builder to test and repair the problems. Over the course of a year, the builder spent more than $500,000 on repair attempts but serious problems still remained unresolved. Litigation ensued and expert testing showed that a majority of the doors and windows still leaked, despite the money and time spent on repairs. The defendants agreed to a global settlement of $552,025.

Attorneys at Ward & Hagen represented the owners of six homes within the Rancho Carrillo development of La Costa, California. Built by Pacific Crest Communities, Inc. the homes were experiencing construction defects including leaking windows, doors, and plumbing systems; extensive stucco cracking; and lack of french drains in the rear yard retaining walls, as required per city code. The court compelled arbitration based on a clause in the contract and the case was presented before Judge Robert May (Ret.). Plaintiffs received a final award of $506,223.88, which included a partial settlement of peripheral issues. The awards to Plaintiffs were in excess of 998 offers that had been made, and as a result, Plaintiffs also recovered their costs.

Attorneys at Ward & Hagen represented the owners of 32 single family homes in the Scripps Ranch area of San Diego. The homes were experiencing water intrusion through the doors and windows, moisture intrusion through some concrete foundations, extensive stucco cracking and many other peripheral defects. The litigation ensued for over two years, until defendants and cross-defendants agreed to a global settlement on the day of trial. The total settlement was over $1.6 million dollars, resulting in a gross amount of around $50,000 per home.

Attorneys at Ward & Hagen represented the owners of 13 homes in 4S Ranch against the builder, Christopher Homes. The case was successfully resolved for a settlement of over $500,000.

A corporation chose to relocate their office due to poor building conditions and were in turn sued for the entire amount remaining on the lease. Ward & Hagen showed a lack of mitigation on the part of the leasing company, and a settlement was reached for a savings of over $6,000,000 from what was claimed by the leasing company.

Our Attorneys represented the “money partners” in the dissolution of a real estate development enterprise. Our clients invested in several properties in the La Jolla/Pacific Beach area that were to be developed by a partner who was to oversee and coordinate all of the construction operations. The Defendant partner in the enterprise refused to pay out any profits to our clients. The case went to binding arbitration in which our clients were awarded the full amount of their claim, a judgment of just over $1,300,000. The Defendant partner also filed an appeal, which was successfully opposed by our attorneys.

Attorneys at Ward & Hagen represented the owners of 27 homes in Poway against Shea Homes and successfully recovered $377,000 in settlement.

Attorneys at Ward & Hagen represented the owners of 34 homes in Chula Vista against Shea Homes and successfully recovered $425,000.

Attorneys at Ward & Hagen represented the owners of 4 homes in Olivenhain against their builder for construction defects and recovered $112,000 in settlement.

Attorneys represented the owners of a single family home in Carlsbad in an action against their builder for soils problems. We successfully resolved the case for over $500,000, allowing the owners to repair their home.

Attorneys at Ward & Hagen represented the owners of a new home in 4S Ranch against the builder, K. Hovnanian. A judgment of $200,000 was obtained for the Plaintiffs.

Attorneys represented the owners of 40 homes in Vista, California for a variety of construction defects against the builder, California Traditions. A settlement of $567,000 was obtained for the Plaintiffs.

Attorneys at Ward & Hagen represented the owners of 22 homes in Vista, California against Shea Homes for construction defects. The case was successfully settled for $283,800.

Attorneys at Ward & Hagen represented the owners of 13 single family homes in Vista, California against their builder in a lawsuit for construction defects. A settlement of $220,000 was reached for the Plaintiffs.