James Souza (Subcontractor): [DEVELOPER NOT PROPERLY LICENSED]

This case involved 60 single family homes in Riverside built by John Walter Pavelak dba Century Homes Communities. Plaintiffs were represented by Andrew D. Weiss, Esq. formerly with the Kasdan Law Firm. The Developer was represented by Richard Glucksman, Esq. of Chapman, Glucksman & Dean. Attorney James Souza of Kennedy & Souza represented Royal Concrete which installed slabs and foundations at all 60 homes. The case was assigned to the Honorable Eric Michael Kaiser in Department 3 of the Riverside Superior Court.

The last demand from Plaintiffs prior to trial was $600,000. The last unofficial demand from the mediator was $120,000. The last offer made on behalf of Royal Concrete was $60,000. A C.C.P. Section 998 Offer on behalf of Royal Concrete was made in the amount of $30,000.

During pre-trial motions, Mr. Souza was successful in establishing that the Developer was not properly licensed and this facilitated and increased offer by the Developer which settled the case globally with the exception of Royal Concrete. Plaintiffs received an assignment of the Developer’s remaining claims for negligence and equitable indemnity. The Developer paid $87,733 related to the geotechnical/concrete issues. After picking a jury but before Plaintiffs’ opening statement, Royal Concrete’s C.C.P. Section 998 Offer in the amount of $30,000 was accepted.