HomeMy WebLinkAboutAGENDA REPORT 1991 1106 CC REG ITEM 08Dl
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INTRODUCTORY ALLEGATIONS
l. Commencing approximately September, 1986, and con-
tinuing after that time, 67 single family homes were constructed
in the City of Moorpark on what is commonly identified as Tract
No. 4037. The homes are here and hereinafter referred to as the
"Design Editions" homes.
2. The true names of defendants Does 1 through 125, in-
clusive, are currently unknown to plaintiff who therefore sues
these defendants by such fictitious names.
3. Plaintiffs are informed and believe and thereon allege
that defendants Calprop Corporation (hereinafter referred to as
"Calprop"), MJD Construction, Gorian & Associates, Inc., Earl R.
Morley, Jr., R&H Paving, Inc., Con-Tech, Does 1 through 75, and •
each of them, are, and at all times mentioned herein were, in the
business of designing, engineering, developing, manufacturing,
installing, constructing (including, but not limited to, the
preparation, grading, cutting, compacting and leveling of land),
fabricating, improving, inspecting, maintaining, repairing, super-
vision, control of design and construction of and selling resi-
dential real property to the public. Further, plaintiffs are in-
formed and believe, and thereon allege that at all times stated
herein, defendant Dreyer & Young, Inc. was engaged in the business
of real estate brokerage and was licensed by the State of
California to engage in such business.
4. On or about June 12, 1987, plaintiffs Richard D.
Crispo and Beverly A. Crispo purchased a Design Editions home and
real property commonly known as 4590 Fern Valley Court, Moorpark,
California, from defendant Calprop pursuant to a written Agreement
of Purchase and Sale and Escrow Instructions. Defendant Dreyer &
Young, Inc. was engaged to sell the Design Editions home and real
property to plaintiffs pursuant to a written contract with, and on
behalf of, defendant Calprop.
5. On or about June 29, 1987, plaintiffs Stanley M.
Ziarniak and Linda F. Ziarniak purchased a Design Editions home
and real property commonly known as 4577 Fern Valley Court,
Mo~rpark, California, f rom defendant Calprop pursuant to a written
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Agreement of Purchase and Sale and Escrow Instructions. Defendant
Dreyer & Young, Inc. was engaged to sell the Design Editions home
and real property to plaintiffs pursuant to a written contract
with, and on behalf of, defendant Calprop.
6. On or about June 17, 1987, plaintiffs Claudia M.
Troispoux, Claude Troispoux and Georgette Troispoux purchased a
Design Editions home and real property commonly known as 4563 Fern
Valley Court, Moorpark, California, from defendant Calprop pursu-
ant to a written Agreement of Purchase and Sale and Escrow In-
structions. Defendant Dreyer & Young, Inc. was engaged to sell
the Design Editions home and real property to plaintiffs pursuant
to a written contract with, and· on behalf of, defendant Calprop.
7. In or about June of 1987, plaintiffs Patrick Boden and
Madeline T. Boden purchased a Design Editions home and real prop-
erty commonly known as 4549 Fern Valley Court, Moorpark,
California, from defendant Calprop pursuant to a written Agreement
of Purchase and Sale and Escrow Instructions. Defendant Dreyer &
Young, Inc. was engaged to sell the Design Editions home and real
property to plaintiff's pursuant to a written contract with, and
on behalf of, defendant Calprop.
8. In or about June, 1987, plaintiffs Paul N. Cordeau and
Elaine M. Cordeau purchased a Design Editions home and real
property commonly known as 4591 Fern Valley Court, Moorpark,
California, from defendant Calprop pursuant to a written Agreement
of Purchase and Sale and Escrow Instructions. Defendant Dreyer &
Young, Inc. was engaged to sell the Design Editions home and real
property to plaintiffs pursuant to a written contract with, and on
behalf of, the defendant Calprop.
9. On or about January 23, 1987, plaintiffs Jesse L.
Tyler, Jr. and Donna L. Tyler purchased a Design Editions home and
real property commonly known as 4521 Fern Valley Court, Moorpark,
California, from defendant Calprop pursuant to a written Agreement
of Purchase and Sale and Escrow Instructions. Defendant Dreyer &
Young, Inc. was engaged to sell the Design Editions home and real
property to plaintiffs pursuant to a written contract with, and on
behalf of, defendant Calprop.
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10. on or about November 25, 1987, plaintiff Kathleen Anne
White purchased a Design Editions home and real property commonly
known as 4600 Fern Valley Court, Moorpark, California, from de-.
fendants _Stephen R. Oglesby, Vicky A. Oglesby, and each of them,
pursuant to a written contract of purchase and sale. That written
contract of purchase and sale provides that in any action or pro-
ceedings arising out of the contract, the prevailing party shall
be entitled to reasonable attorneys' fees and costs. Plaintiffs
have hired the firm of Cohen, England & Whitfield to prosecute
this action and plaintiffs have incurred, and will continue to
incur, attorneys' fees and costs herein.
11. On or about October ll, 1989, plaintiff Kathleen Anne
White conveyed the Design Editions home and real property to The •
White Trust, for which plaintiff Kathleen Anne White was and is
the trustee.
12. On or about August 4, 1988, plaintiffs Walt K. Johnson
and Jayne W. Johnson purchased a Design Editions home and real
property commonly known as 4562 Fern Valley Court, Moorpark,
California, from defendants William Giragos, Carol L. Giragos, and
each of them, pursuant to a written contract of purchase and sale.
That written contract of purchase and sale provides that in any
action or proceedings arising out of the contract, the prevailing
party shall be entitled to reasonable attorneys' fees and costs.
Plaintiffs have hired the firm of Cohen, England & Whitfield to
prosecute this action and plaintiffs have incurred, and will con-
tinue to incur, attorneys' fees and costs herein.
13. In October of 1990, plaintiffs first discovered that
their Design Editions homes, and the land on which they were and
are located, were facing imminent destruction due to continued
soil instability, sinking, subsidence and slippage ~esulting in
extensive damage including, but not limited to, cracked and sep-
arating walls, floors, ceilings, foundations, drive and walkways
and tiles. Plaintiffs have advised defendants, and each of them,
of the above and have requested defendants, and each of them, to
take all effective actions necessary to avert the imminent de-
struction of and to repair and restore the Design Editions homes,
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and the land upon which they were and are located. Plaintiffs are
informed and believe, and thereon allege that defendants, and each
of them, by and through their managing agents, officers and
directors, have, with knowledge that the Design Edition homes, and
the land upon which they were and are located, were unstable,
sinking, subsiding and slipping, knowingly, maliciously and
intentionally and with a conscious disregard for the rights and
safety of plaintiffs, failed to take any effective action to stop
the instability, sinking, subsidence and slippage, and/or the
damage resulting therefrom, failed to advise plaintiffs of the
true condition of plaintiffs' homes and properties although said
true condition was known or should have been known to defendants,
and have knowingly, maliciously, intentionally, and with a
conscious disregard of the rights and safety of plaintiffs, caused
plaintiffs to continue to incur and suffer the damages alleged
herein to be the result of the instability, sinking, subsidence
and slippage, and to continue to expose plaintiffs to the threat
of physical injury and financial ruin.
FIRST CAUSE OF ACTION
{Negligence -All Plaintiffs Against Defendants
Calprop, MJD Construction, Gorian & Associates,
Inc., Earl R. Morley, Jr., R&H Paving, Inc.,
Con-Tech, and Does 1 through 75.)
14. Plaintiffs reallege and incorporate by reference para-
graphs l through 13 of the Introductory Allegations.
15. During and after September,-1986, defendants, and each
of them, negligently designed, engineered, developed, manufac-
tured, installed, constructed {including, but not limited to, the
preparation, grading, cutting, compacting and leveling of land),
fabricated, improved, inspected, maintained, repaired, supervised,
controlled the design and construction of, and sold the Design
Editions homes, and the land upon which they were and are located,
so as to cause the homes of plaintiffs, and each of them, and the
land on which they were and are located, to be unstable, to sink,
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36 ;j tions and tiles.
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16. As a proximate result of the conduct of defendants,
and each of them, plaintiffs have been damaged in a sum which is
equal to or greater than the jurisdictional minimum amount of thi
court and is the difference between the purchase price of each of
their homes and the actual fair market value of each of their
homes, or the cost to repair and restore each of their homes and
the land upon which they are located, plus additional consequen-
tial damage, including, but not limited to, lost profits, loss of
use of property, the amount of mortgage payments, taxes, insur-
ance, the cost of improvements paid by plaintiffs to date and se-
vere emotional distress and mental anguish. As a further result
of the conduct of defendants, and each of them, plaintiffs are
entitled to recover punitive damages in a sum to be determined at•
trial.
SECOND CAUSE OF ACTION
(Strict Liability -All Plaintiffs Against Defendants
Calprop, MJD construction, Gorian & Associates,
Inc., Earl R. M~rley, Jr., R&H Paving, Inc.,
Con-Tech, and Does 1 through 75.)
17. Plaintiffs reallege and incorporated by reference
paragraphs l though 13 of the Introductory Allegations.
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18. Plaintiffs, and each of them, purchased their Design I
Editions homes and lived in and used them without substantial
change in their condition. However, the Design Editions homes, I
and the land on which the homes were and are located, were and are 1
l I I defective in design , engineering, deveiopment, manufacture, in-
stallation, construction (including, but not limited to the
preparation, grading, cutting, compacting, and leveling of land), I I
fabrication, improvement, inspection, maintenance, repair, super-
vision, control of the design and construction of and sale so as
to cause the homes of plaintiffs to be unstable, to sink, subside
and slip resulting in extensive damage, including but not limited
to, cracked and separated walls, floors, ceilings, foundations and
tiles.
1 9 . As a proximat e r e sult o f the de f ect s descr ibed above ,
p la i ntiffs have been dama ged in a sum which is equa l to or greater
than the jurisdictional minimum amount of thi s c ourt and i s t h e
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difference between the purchase price of each of their homes and
the actual fair market value of each of their homes, or the cost
to repair and restore each of their homes and the land upon whi~h
they are located, plus additional consequential damage, including,
but not limited to, lost profits, loss of use of property, the
amount of mortgage payments, taxes, insurance, the cost of im-
provements paid by plaintiffs to date and severe emotional dis-
tress and mental anguish. As a further result of the conduct of
defendants, and each of them, plaintiffs are entitled to recover
punitive damages in a sum to be determined at trial.
THIRD CAUSE OF ACTION
(Breach of Implied Warranty -Plaintiffs Richard
D. Crispo, Beverly A. Crispo, Stanley M. Ziarniak,
Linda F. Ziarniak, Claudia M. Trcispoux, Claude
Troispoux, Georgette Troispoux, Patrick Boden,
Madeline T. Boden, Paul N. Cordeau, Elaine M.
Cordeau, Jesse L. Tyler, Jr. and Donna L. Tyler
Against Defendant Calprop)
20. Plaintiffs hereby reallege and incorporate by refer-
ence paragraphs 1 through 9 and 13 of the Introductory Allega-
tions.
21. Each written Agreement of Purchase and Sale and Escrow
Instructions included implied warranties that the Design Editions
homes, and the land on which they were and are located, were of
merchantable quality, were designed and constructed in a reason-
ably workmanlike manner and were fit for use as a residence.
22. Each plaintiff has performed all conditions precedent
required to be performed on their part to defendant Calprop's ob-
ligations under each of the Agreements of Purchase and Sale and
Escrow Instructions.
23. Defendant Calprop breached the implied warranties of
merchantability, reasonably workmanlike design and construction
and fitness for intended use as they pertain to the Design Edi-
tions homes, and the land upon which they were and are located,
because the homes and the land are not of merchantable quality,
were not designed or constructed in a reasonably workmanlike man-
ner and are not fit for use as residences because they are un-
stable and they sink, subside and slip, resulting in excessive
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damage, including but not limited to, cracked and separated walls,
floors, ceilings, foundation and tiles.
24. As a result of the breach of the warranties by defend-
ant, plaintiffs have been damaged in a sum which is equal to or
greater than the jurisdictional minimum amount of this court and
is the difference between the purchase price of each of the i r
homes and the actual fair market value of each of their homes, or
the cost to repair and restore each of their homes and the land
upon which they are located, plus additional consequential damage,
including, but not limited to, lost profits, loss of use of
property, the amount of mortgage payments, taxes, insurance and
the cost of improvements paid by plaintiffs to date.
25. Plaintiffs notified defendant Calprop of the breach of
the warranties in approximately October of 1990.
FOURTH CAUSE OF ACTION
(Breach of Implied Warranty -All Plaintiffs
Against Defendants MJD Construction, Gorian &
Associates, Inc., Earl R. Morley, Jr., R&H Paving,
Inc., Con-Tech, and Does 1 through 50.)
26. Plaintiffs reallege and incorporate by reference each
and every allegation of paragraphs l through 13 of the Introduc-
tory Allegations.
27. Plaintiffs are informed and believe, and therein al-
lege, that defendant MJD Construction, on the one hand, and de-
fendants Gorian & Associates, Inc., Earl R. Morley, Jr., R&H
Paving, Inc., Con-Tech, and Does 1 through so, and each of them,
on the other, entered into written contracts, and in turn, defend-
ant MJD Construction entered into a written contract with defend-
ant Calprop by which defendants MJD Construction, Inc., Gorian &
Associates, Inc., Earl R. Morley, Jr., R&H Paving, Inc., Con-Tech,
and Does 1 through 50, and each of them, promised to design,
engineer, develop, manufacture, install, construct (including, but
not limited to, the preparation, grading, cutting, compacting and
leveling of land), fabricate, improve, inspect, maintain, repair,
sup ervise, c ontrol design and c onstructio n of an s ell t h e Des ign
Edit i ons h o mes and the land on which they were and are located fo r
the t hen owne r o f the tract , defendant Calprop .
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28. The written contracts included implied warranties that
the Design Editions homes, and the land on which they were and are
located, were of merchantable quality, were designed and con-
structed in a reasonably workmanlike manner and were fit for their
intended use as residences as known by defendants MJD Construc-
tion, Gorian & Associates, Inc., Earl R. Morley, Jr., R&H Paving,
Inc., Con-Tech, and Does 1 through 50, and each of them. Plain-
tiffs were intended by defendants, and each of them, to be ben-
efited by the written contracts and their implied warranties, due
to the fact that defendants, and each of them, intended that the
Design Editions homes, and the land on which they were and are
located, were to be purchased by and used by consumers as resi-
dences and plaintiffs, and each of them, in fact purchased the
Design Editions homes, and the land on which they were and are
l ocated, for use as residences.
29. Plaintiffs are informed and believe, and thereon al-
lege, that defendant Calprop has performed all conditions required
of it to defendant MJD Construction's warranty obligations. Fur-
ther, plaintiffs are informed and believe and thereon allege that
defendant .MJD Construction Company has performed all obligations
required of it to the warranty obligations of defendants Gorian &
Associates, Inc., Earl R. Morley, Jr., R&H Paving, Inc ~, Con-Tech,
and Does 1 through 50, and each of them.
30. Defendants MJD Construction Company, Gorian & Associ-
ates, Inc., Earl R. Morley, Jr., R&H Paving, Inc., Con-tech, and
Does 1 through 50, and each of them, have breached their respec-
tive implied warranties of merchantability, reasonably workmanlike
design and construction and fitness for use as they pertain to the
Design Editions homes, and the land on which they were and are
located, because the homes and the land are not of merchantable
quality, were not designed and constructed in a reasonably work-
manlike manner and are not fit for use are residences because they
are unstable and they sink, subside and slip resulting in exten-
sive damage, including, but not limited to, cracked and separated
walls, floors, ceilings, foundations and tiles.
31. As a result of the breach of the warranties by defend-
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ants, and each of them, plaintiffs have been damaged in the sum
which is equal to or greater than the jurisdictional minimum limit
of this Court and is the difference between the purchase price _of
each of their homes and the actual fair market value of each of
the their homes, or the cost to repair and restore each of their
homes and the land upon which they are located, plus additional
consequential damage including, but not limited to, lost profits,
loss of use of property, the amount of mortgage payments, taxes,
9 insurance and the costs of improvements.
10 I 32. Plaintiffs are informed and believe, and thereon al-
11 ii lege, that defendant Calprop has given defendants MJD Construe-
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12 !! tion, Gorian & Associates, Inc., Earl R. Morley, Jr., R&H Paving,
13 Ii Inc., Con-Tech, and Does 1 through 50, and each of them, notice of
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the above breach.
?IFTH CAUSE OF ACTION
(Rescission -Plaintiffs Richard D. Crispo,
Beverly A. Crispo, Stanley M. Ziarniak, Linda F.
Ziarniak, Claudia M. Troispoux, Claude Troispoux,
Georgette Troispoux, Patrick Boden, Madeline T.
Boden, Paul N. Cordeau, Elaine M. Cordeau,
Jesse L. Tyler, Jr. and Donna L. Tyler Against
Defendants Calprop, MJD Construction, Gorian
& Associates, Inc. Earl R. Morley, Jr., R&H Paving, Inc.,
Con-Tech, Does 1 through 50, and Each of Them.)
33. Plaintiffs reallege and incorporate by reference para-
graphs 1 through 9 and 13 of the Introductory Allegations, para-
graphs 21 through 25 the Third Cause of Action and paragraphs 27
through 32 of the Fourth cause of Action.
34. As a result of defendant Calprop's breach of the war-
ranties of each written Agreement of Purchase and Sale and Escrow
Instructions, the consideration for plaintiffs' entry into each
Agreement has failed.
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11 35. As a result of the actions of defendants, and each o f
31 ii I them, plaintiffs, and each of them, are entitled to rescind their
32 i written Agreements of Purchase and Sale and Escrow Instructions
33 I with defendant Calprop and, pursuant to Civil Code section 1691,
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hereby deem service of this Complaint to be n otice of rescission
and of f er to restore the value received under each written Agree-
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ment of Purchase and Sale and Escrow Instructions upon the condi-
tion that defendants, and each of them, restore to plaintiffs, and
each of them, all benefits and value conferred by plaintiffs, plus
damages alleged herein.
SIXTH CAUSE OF ACTION
(Concealment -All Plaintiffs Against Defendants Calprop,
Dreyer & Young, Inc., and Does 51 through 75.)
36. Plaintiffs reallege and incorporate by reference para-
graphs 1 through 13 of the Introductory Allegations.
37. Plaintiffs are informed and believe and therein allege
that in or about June, 1987, and prior thereto, defendants
Calprop, Dreyer & Young, Inc., ~nd Does 51 through 75, and each of
them knew the true facts that the Design Editions homes, and the
land on which they were and are located, were designed, en-
gineered, developed, manufactured, installed, constructed (in-
cluding, but not limited to, the preparation, grading, cutting,
compacting and leveling of land), fabricated, improved, inspected,
maintained, repaired, supervised, controlled as to design and/or
construction and/or sold so that the Design Editions homes and/or
the land on which they were and are located was unstable and would
sink, subside or slip, or had already done so. Further, defend-
ants Calprop, Dreyer & Young, Inc., Does 51 through 75, and each
of them, knew that plaintiffs did not know these facts, nor were
the facts readily accessible to plaintiffs as buyers of completed
residential tract homes.
38. Defendants Calprop, Dreyer & Young, Inc., Does 51
through 75, and each of them, concealed the true facts from
plaintiffs with the intent to deceive and defraud plaintiffs and
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to induce plaintiffs to purchase the Design Editions homes and the
30 [I land upon which they were and are located.
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, facts by defendants, and each of them, and as a result, plaintiffs 32 ,
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and are located. Plaintiffs would not have bought the homes and
land had they known the true facts.
40. As a proximate result of the conduct of d efendants,
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and each of them, plaintiffs have been damaged in a sum which is
equal to or greater than the jurisdictional minimum amount of this
court and is the difference between the purchase price of each .of
their homes and the actual fair market value of each of their
homes, or the cost to repair and restore each of their homes and
the land upon which they are located, plus additional conse-
quential damage, including, but not limited to, lost profits, los s
of use of property, the amount of mortgage payments, taxes, in-
surance, the cost of improvement paid by plaintiffs to date and
severe emotional distress and mental anguish. As a further result
of the conduct of defendants, and each of them, plaintiffs are
entitled to recover punitive damages in a sum to be determined at
trial.
SEVENTH CAUSE OF ACTION
(Rescission -Plaintiffs Richard D. Crispo, Beverly
A. Crispo, Stanley M. Ziarniak, Linda F. Ziarniak,
Claudia M. Troispoux, Claude Troispoux, Georgette
Troispoux, Patrick Boden, Madeline T. Boden, Paul N. Cordeau
Elaine Corcteau, Jesse L. Tyler, Jr. and Donna L. Tyler
Against Defendants Calprop, Dreyer & Young, Inc.,
and Does 51 through 75.)
41. Plaintiffs reallege and incorporate by reference para-
graphs 1 through 9 and 13 of the Introductory Allegations and
paragraphs 37 through 40 of the Sixth Cause of Action.
42. As a result of the actions of defendants, and each of
them, plaintiffs, and each of them, are entitled to rescind their
written Agreements of Purchase and Sale and Escrow Instructions
with defendant Calprop and, pursuant to Civil Code section 1691,
hereby deem service of this Complaint to be notice of rescission
and offer to restore the value received under each written Agree-
ment of Purchase and sale and Escrow Instructions upon the condi-
tion that defendants, and each of them, restore to plaintiffs, and
each of them, all benefits and value conferred by plaintiffs, plus
damages alleged herein.
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EIGHTH CAUSE OF ACTION
(Deceit -Plaintiffs Kathleen
Anne White, Walt K. Johnson and Jayne W.
Johnson Against Defendants Stephen R. Oglesby,.
Vicky A. Oglesby, William Giragos and Carol L. Giragos.)
43. Plaintiffs reallege and incorporate by reference
paragraphs 1, 2, 3 and 10 through 13 of the Introductory Allega-
tions.
44. On or about October 19, 1987, defendants Stephen R.
Oglesby, Vicky A. Oglesby, and each of them (hereinafter col-
lectively and individually referred to as defendants "Oglesby"),
represented to plaintiff Kathleen Anne White that they were not
aware of: (a) any landfill (compacted or otherwise) on the
property, or any portion thereof, for the Design Editions home at "
4600 Fern Valley Court, and/or the land on which the home was and
is located; (b) any settling from any cause, or any slippage,
sliding, or any other soil, grading or drainage problems suffered
by that home and/or the land on which is was and is located; or
(c) any significant defects in the interior walls, ceilings,
floors, exterior walls, insulation, roof(s), windows, doors,
foundation, slab(s), driveways, sidewalks, walls/fences, electri-
cal systems, plumbing, sewers, septics or other structural com-
ponents.
45. on or about June 15, 1988, defendants William Giragos,
Carol L. Giragos, and each of them (hereinafter collectively and
to
not I·
individually referred to as defendants "Giragos"), represented
plaintiffs Walt K. Johnson and Jayne w. Johnson that they were
aware of (a) any landfill (compacted or otherwise) on the
property, or any portion thereof for the Design Editions home at
4562 Fern Valley court, and/or the land on which the home was and
i~ located; (b) any settling from any cause, or any slippage,
sliding, or any other soil, grading or drainage problems suffered
by that home and/or the land on which is was and is located; or
(c) any significant defects in the interior walls, ceilings,
floors, exterior walls, insulation, roof(s), windows, doors,
foundation, slab(s), driveways, sidewalks, walls/fences, electri-
cal systems, plumbing, sewers, septics or other structural com-
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ponents.
46. The representations made by defendants Oglesby,
Giragos, and each of them, were in fact false and plaintiffs ar~
informed and believe, and thereupon allege that the representa-
tions were known by defendants Oglesby, Giragos, and each of them,
to be false at the time they were made or were made recklessly
without knowing whether they were true or false. The true facts
were that: (a) the Design Editions at 4562 and 4600 Fern Valley
court were constructed on landfill; (b) the land on which the
homes were and are located was unstable and was settling, slipping
and sliding and the homes and land suffered from soil, grading and
drainage problems; and (c) the house and land suffered from
significant defects in, including but not limited to, walls, ceil~
ings, floors, windows, doors, foundation, slab(s) and other struc-
tural components.
47. Defendants Oglesby, Giragos, and each of them, con-
cealed the true facts from plaintiffs. Defendants Oglesby,
Giragos, and each of them, concealed the true facts and made the
misrepresentations with the intent to induce plaintiffs to pur-
chase the Design Editions homes at 4562 and 4600 Fern Valley Court
and with the knowledge that plaintiffs did not know the true
facts, nor were they readily accessible to plaintiffs as buyers of
completed residential tract homes.
48. Plaintiffs Kathleen Anne White, Walt K. Johnson, Jayne
W. Johnson, and each of them, did not know the true facts and re-
lied on the misrepresentations of defendants Oglesby, Giragos, and
each of them, in entering into the written contracts of purchase
and sale and in purchasing the Design Editions homes. Plaintiffs
Kathleen Anne White, Walt K. Johnson, Jayne W. Johnson, and each
of them, would not have entered into the contracts or bought the
homes but for the misrepresentations made by and concealment of
defendants, and each of them. The reliance placed by plaintiffs
Kathleen Anne White, Walt K. Johnson, Jayne W. Johnson, and each
of them, on the misrepresentations of defendants, and each of
them, was justif~ed because plaintiffs were given no reason not to
be~ieve the statements of defendants, and each of t~em.
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49. As a proximate result of the conduct of defendants,
and each of them, plaintiffs have been damaged in a sum which is
equal to or greater than the jurisdictional minimum amount of th i E
court and is the difference between the purchase price of each of
their homes and the actual fair market value of each of their
homes, or the cost to repair and restore each of their homes and
the land upon which they are located, ~lus additional consequen-
tial damage, including, but not limited to, the amount of mortgage
payments, taxes, insurance, lost profits, loss of use of property,
the cost of improvements paid by plaintiffs to date and severe
emotional distress and mental anguish. As a further result of t~e
conduct of defendants, and each of them, plaintiffs are entitled
to recover punitive damages in a sum to be determined at trial.
NINTH CAUSE OF ACTION
(Negligent Misrepresentation -Plaintiffs Kathleen
Anne White, Walt K. Johnson and Jayne w.
Johnson Against Defendants Stephen R. Oglesby,
Vicky A. Oglesby, William Giragos and Carol L. Giragos.)
50. Plaintiffs reallege and incorporate by reference para-
graphs 1, 2, 3 and 10 through 13 of the Introductory Allegations
and paragraphs 44, 45, 48 and 49 of the Eighth Cause of Action.
51. The representations made by defendants Oglesby,
Giragos, and each of them, were in fact false and plaintiffs are
informed and believe, and thereon on allege, that when defendants,
and each of them, made the misrepresentations stated above, each
should have known them to be false. Defendants, and each of them ,
made the misrepresentations with no reasonable belief for believ-
ing them to be true, and the defendants, and each of them, were
aware that without such information, defendants, and each of them,
could not accurately make the representations. The true facts
were that: (a) the Design Editions at 4562 and 4600 Fern Valley
Court were constructed on landfill; (b) the land on which the
homes were and are located was unstable and was settling, slipping
and sliding and the homes and land suffered from soil, drainage
and grading problems; and (c) the house and land suffered from
significant defects in, including but not limited to, walls, cei l -
in~s, floors, windows, doors, foundation, slab(s ) and other struc-
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tural components.
52. Defendants Oglesby, Giragos, and each of them, made
the misrepresentations with the intent to induce plaintiffs to
purchase the Design Editions homes at 4562 and 4600 Fern Valley
Court.
TENTH CAUSE OF ACTION
(Rescission -Plaintiffs Kathleen
Anne White, Walt K. Johnson and Jayne W.
Johnson Against Defendants Stephen R. Oglesby,
Vicky A. Oglesby, William Giragos and carol L. Giragos.)
53. Plaintiffs reallege and incorporate by reference each
and every allegation of paragraphs 1, 2, 3 and 10 through 13 of
the Introduc~ory Allegations and paragraphs 44 through 49, of the
Eighth cause of Action.
54. As a result of the actions of defendants, and each of
them, plaintiffs, and each of them, are entitled to rescind their
written purchase and sale contracts with defendants, and each of
them, and, pursuant to Civil Code section 1691, hereby deem
service of this Complaint to be notice of rescission and offer to
restore the value received under each written purchase and sale
co~tract upon the condition that defendants, and each of them,
restore to plaintiffs, and each of them, all benefits and value
conferred by plaintiffs, plus damages alleged herein.
ELEVENTH CAUSE OF ACTION
(Rescission -Plaintiffs Kathleen
Anne White, Walt K. Johnson and Jayne W.
Johnson Against Defendants Stephen R. Oglesby,
Vicky A. Oglesby, William Giragos and carol L. Giragos.)
55. Plaintiffs reallege and incorporate by reference each
and every allegations of paragraphs 1, 2, 3 and 10 through 13 of
the Introductory Allegations, paragraphs 44, 45, 48 and 49 of the
Eighth Cause of Action and paragraphs 51 and 52 of the Ninth Cause
of Action.
56. As a result of the actions of defendants, and each of
them, plaintiffs, and each of them, are entitled to rescind their
written purchase and sale contracts with defendants, and each of
them, and, pursuant to Civil Code section 1691, hereby deem
service of this Complaint to be notice of rescission and offer to
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restore the value received under each written purchase and sale
contract upon the condition that defendants, and each of them,
restore to plaintiffs, and each of them, all benefits and value
conferred by plaintiffs, plus damages alleged herein.
TWELFTH CAUSE OF ACTION
(Negligence -Plaintiffs Kathleen Anne White,
Walt K. Johnson, Jayne w. Johnson Against
Defendants Stephen R. Oglesby, Vicky A. Oglesby,
William Giragos and Carol L. Giragos.)
57. Plaintiffs reallege and incorporate by reference
paragraphs 1, 2, 3 and 10 through 13 of the Introductory Allega-
tions.
58. Civil Code sections ~102.2 and 1102.6, i n effect at
the time of all actions alleged herein provide, that the trans-
feror of real property shall disclose to the transferee, as soon
as practicable before transfer of title, whether the transferor is
"aware of any significant defects/ malfunctions in
... interior walls, ceilings, floors, exterior walls, insula-
tion, roof(s), windows, doors, foundation, slab(s), driveways,
sidewalks, walls/fences, electrical systems, plumbing, sewers,
septics, and other structural components" and whether the trans-
feror is "aware of any ... landfill (compacted or otherwise) on
the property or any portion thereof ... any settling from any
cause, or slippage, sliding, or other soil problems ... drainage
or grading problems."
59. on or about October 19, 1987, defendants Stephen R.
Oglesby, Vicky A. Oglesby, and each of them, negligently failed to
disclose to plaintiff Kathleen Anne White for the Design Editions
home at 4600 Fern Valley Court, and the land on which it was and
is located, significant defects in the interior walls, ceilings,
floors, exterior walls, insulation, roof(s), windows, doors, foun-
dation, slab(s), driveways, sidewalks, walls/fences, electrical
systems, plumbing, sewers, septics, and other structural com-
ponents; the presence of landfill on the property; settling,
slippage, sliding and other soil, drainage and grading problems.
60. On o r about June 15, 1988, defendants William Giragos ,
Carol L. Giragos, and each of them, negligently failed to disclose
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to plaintiff Walt K. Johnson and Jayne W. Johnson for the Design
Editions home at 4562 Fern Valley Court and the land on which it
was and is located, significant defects in the interior walls,_
ceilings, floors, exterior walls, insulation, roof(s}, windows,
doors, foundation, slab(s), driveways, sidewalks, walls/fences,
electrical systems, plumbing, sewers, septics, and other struc-
tural components: the presence of landfill on the property: set-
tling, slippage, sliding and other soil, drainage and grading
problems.
61. As a proximate result of the conduct of defendants,
and each of them, plaintiffs have been damaged in a sum which is
equal to or greater than the jurisdictional minimum amount of this
court and is the difference between the purchase price of each or
their homes and the actual fair market value of each of their
homes, or the cost to repair and restore each of their homes and
the land upon which they are located, plus additional
c onsequential damage, including, but not limited to, lost profits,
loss of use of property, the amount of mortgage payments, taxes,
insurance, the cost of improvements paid by plaintiffs to date and
severe emotional distress and mental anguish.
THIRTEENTH CAUSE OF ACTION
(Rescission -Plaintiffs Kathleen Anne White,
Walt K. Johnson, Jayne w. Johnson Against
Defendants Stephen R. Oglesby, Vicky A. Oglesby,
William Giragos and Carol L. Giragos.)
62. Plaintiffs rea ~_lege and inqorporate by reference para-
graphs 1, 2, 3 and 10 through 13 of the Introductory Allegations.
63. Plaintiffs are informed and believe, and thereon al-
lege, that at the time that defendants Stephen R. Oglesby, Vicky
A. Oglesby, and each of them (hereinafter collectively and indi-
v_idually referred to as defendants "Oglesby"), sold the Design
Editions home at 4600 Fern Valley Court to plaintiff Kathleen Anne
White, defendants Oglesby knew, or should have known, that the
home, and the land upon which it was and is located, suffered from
significant defects in the interior walls, ceilings, floors, ex-
terior walls, insulation, roof(s), windows, doors, foundation,
slab(s), driveways , sidewalks, walls/fences, electrical systems,
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plumbing, sewers, septics, and other structural components; the
presence of landfill on the property; settling, slippage, sliding,
and other soil, drainage and grading problems.
64. Plaintiffs are informed and believe, and thereon al-
lege, that at the time that defendants William Giragos, Carol L.
Giragos, and each of them (hereinafter collectively and indi-
vidually referred to as defendants "Giragos"), sold the Design
Editions home at 4562 Fern Valley Court to plaintiffs Walt K.
Johnson and Jayne w. Johnson, defendants Giragos knew, or should
have known, that the home, and the land upon which it was and is
located suffered from significant defects in the interior walls,
ceilings, floors, exterior walls, insulation, roof(s), windows,
doors, foundation, slab(s), driveways, sidewalks, walls/fences,
electrical systems, plumbing, sewers, septics, and other struc-
tural components; the presence of landfill on the property; set-
tling, slippage, sliding, and other soil, drainage and grading
problems.
65. At the time of the purchase and sale of the Design
Editions homes, plaintiffs did not know the true facts alleged in
paragraphs 63 and 64 above and defendants Oglesby, Giragos, and
each of them, knew that plaintiffs were ignorant of the true
facts.
66. Plaintiffs would not have entered into the written
contracts of purchase and sale and, nor would they have purchased
the Design Editions homes if they knew -the true, material facts
alleged in paragraphs 63 and 64.
67. As a result of the mistake of plaintiffs, and each of
them, and the actions of defendants, and each of them, plaintiffs,
and each of them, are entitled to rescind their written purchase
and sale contracts with defendants, and each of them, and, pursu-
ant to Civil Code section 1691, hereby deem service of this Com-
plaint to be notice of rescission and offer to restore the value
received under each written purchase and sale contract upon the
34 condition that defendants, and each of them, restore to plain-
35 ii tiffs, and each of them, all benefits and value conferred by
36 i J pl~intiffs, plus damages alleged herein.
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FOURTEENTH CAUSE OF ACTION
(Action on Performance Bond -All Plaintiffs
Against Defendants Does 76 through 100, Inclusive.)
68. Plaintiffs reallege and incorporate by reference
paragraphs 1 through 67 of their Complaint.
69. Plaintiffs are informed and believe, and thereon al-
lege that defendants Calprop, MJD construction, Gorian & Associ-
ates, Inc., Earl R. Morley, Jr., R&H Paving, Inc., Con-Tech, Does
1 through 50, and each of them, on the one hand, and Does 76
through 100, and each of them, on the other, as sureties, entered
into written contracts by which Does 76 through 100, and each of
them, issued performance bonds for the benefit of plaintiffs, and
each of them, as successors and assigns of the rights of defendant
Calprop in the Design Editions homes and the land upon which they
were and are located, by which defendants 76 through 100, and each
of them, promised to guarantee the performance of defendants
Calprop, MJD Construction, Gorian & Associates, Inc., Earl R.
Morley, Jr., R&H Paving, Inc., Con-Tech, and Does l through 50,
and each of them, in performance of their contracts as alleged
herein.
70. Plaintiffs are informed and believe, and thereon al-
lege, that defendants Calprop, MJD Construction, Gorian & Associ-
ates, Inc., Earl R. Morley, Jr., R&H Paving, Inc., Con-Tech, Does
1 through 50, and each of them, have performed all conditions
precedent to the obligatio~s of defendants 76 through 100, and
each of them, under the bonds.
71. As set forth above, defendants Calprop, MJD Construc-
tion, Gorian & Associates, Inc., Earl R. Morley, Jr., R&H Paving,
Inc., Con-Tech, Does 1 through 50, and each of them, have failed
to perform their contracts and as a result, plaintiffs, and each
of them, have suffered the damage and costs alleged herein.
Therefore, defendants Does 76 through 100, and each of them, are
obligated to pay to plaintiffs, and each of them, the damages al-
leged herein.
Ill
Ill
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FIFTEENTH CAUSE OF ACTION
(Dangerous Condition -All Plaintiffs Against
Defendants County of Ventura, Ventura county Flood
Control District, Ventura County Water Works
District No. 1, City of Moorpark and Does 100 through 125)
72. Plaintiffs reallege and incorporate by reference
paragraphs 1, 2 and 4 through 12.
73. Defendants County of Ventura, Ventura County Flood
Control District, Ventura County Water Works District No. 1, City
of Moorpark and Does 101 through 125 (hereinafter "Public Entity
Defendants") are political subdivisions of the State of
California.
74. In October of 1990, ·plaintiffs first discovered that
their Design Edition homes, and the land on which they were and
are located, were facing ililillinent destruction due to continued
soil instability, sinking, subsidence and slippage resulting in
extensive damage including, but not limited to, cracked and sep-
arating walls, floors, ceilings, foundations, drive and walkways
and tiles.
75. Plaintiffs are informed and believe and thereon allege
that Public Entity Defendants own the public improvements in the
vicinity of, relating to, or under plaintiffs' homes, including,
but not limited to, Fern Valley Court, Spring Road, and all flood
control, drainage, sewage, and water facilities (hereinafter "Pub-
lic Improvements").
76. Plaintiffs are informed and believe and thereon allege
that the Public Improvements constitute dangerous conditions in
that liquid has leaked out of said Public Improvements and/or said
Public Improvements have failed to properly drain liquid from the
surface or the soil underlying or surrounding plaintiffs' homes
with the result that said liquid has accumulated in the soil
underlying or surrounding plaintiffs' property. Plaintiffs are
also informed and believe and thereon allege that Spring Road and
Fern Valley Court are in a dangerous condition in that each is
unstable, settling, slipping, sliding, or subsiding and is thus
contributing or causing the damage and conditions suffered by
plqintiffs' properties.
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77. Plaintiffs are informed and believe and thereon allege
that as a result of said dangerous conditions and the resulting
accumulation of liquid in the soil underlying or surrounding
plaintiffs' homes and/or the instability of Spring Road and Fern
Valley Court, the soil underlying plaintiffs' homes is unstable,
sinking, subsiding or slipping with the proximate result that
plaintiffs' homes have suffered extensive damage, including, but
not limited to, cracked and separated walls, floors, ceilings,
foundations and tiles.
78. It is reasonably foreseeable that the above alleged
dangerous conditions could cause the soil underlying plaintiffs'
homes to become unstable and in -turn cause the type of damage al-
leged herein.
79. Plaintiffs are informed and believe and thereon allege
that the Public Entity Defendants created the aforementioned dan-
gerous conditions in that they or their agents negligently de-
signed, engineered, planned, developed, manufactured, fabricated,
installed, constructed, inspected, repaired, managed, improved,
controlled, operated, 'maintained and/or accepted the Public Im-\
provements.
80. Plaintiffs are informed and believe and thereon allege I
that the Public Entity Defendants had actual knowledge of the ex-
istence of the conditions and knew or should have known of its
dangerous character.
81. Plaintiffs are informed and believe and thereon allege
that the Public Entity Defendants had constructive notice of said
dangerous conditions in that visual inspection of Fern Valley
Court by a Public Entity employee would have revealed sinking,
cracking and buckling of the curbs, sidewalks and road surface.
Visual inspection of Spring Road, and/or review of maintenance and
repair documents pertaining thereto, by a Public Entity employee
would have revealed a road surface which is sinking in the vicin-
ity of plaintiffs' homes and which appears to have been repaired
in the past. Th is inspec tion would have also r e v ea led structura l
a nd c r acking problems o f a block wa ll a l ong Spring Road in the
vi~inity of plain t i f fs ' homes and repai r the reto . Plaint i ffs are
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also informed and believe and thereon allege that a reasonable
inspection of the Public Improvements would have revealed leaking
or improper water, sewage, drainage and/or flood control fa-
cilities. Plaintiffs are informed and believe and thereon allege
that the aforementioned reasonable inspections would have revealed
the dangerous conditions and the instability of the soil sur-
rounding or underlying plaintiffs' homes a reasonable time prior
to the damage alleged herein occurring.
82. In compliance with Government Code section 945.4,
plaintiffs filed claims with the City of Moorpark and the county
of Ventura. The claims filed by Richard D. Crispo, Beverly A.
Crispo, Stanley M. Ziarniak, Linda F. Ziarniak, Claudia M.
Troispoux, The White Trust, Walt K. Johnson and Jayne w. Johnson'
were rejected by the City of Moorpark on March 22, 1991. The
claims filed by .Patrick Boden, Madeline T. Boden, Paul Cordeau and
Elaine M. Cordeau were rejected by the City of Moorpark on April
23, 1991. The claims filed by Jesse Tyler and Donna Tyler were
rejected by the City of Moorpark on July 18, 1991. The claims
filed by Richard D. Crispo, Beverly A.-Crispo, Stanley M.
Ziarniak, Linda F. Ziarniak, Claudia Troispoux, The White Trust,
Walt K. Johnson and Jayne w. Johnson were rejected by the county
of Ventura on April 24, 1991. The claims filed by Paul N.
Cordeau, Elaine M. Cordeau, Patrick Boden and Madeline T. Boden
were rejected on June 12, 1991 by the County of Ventura. The
claims filed by Jesse L. Tyler and Donna L. Tyler were rejected by
the County of Ventura on June 17, 1991.
83. As a proximate result of the conduct of the Public
Entity Defendants, and each of them, plaintiffs have been damaged
in a sum which is equal to or greater than the jurisdictional
minimum amount of this court and is the difference between the
purchase price of each of their homes and the actual fair market
value of each of their homes, or the cost to repair and restore
each of their homes and land upon which they are located, plus
additional consequential damage, including, but not limited to,
lost profits, loss of use of property, the amount of mortgage pay-
me~ts, taxes, insurance, the cost of improvements paid by plain-
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tiffs to date and severe emotional distress and mental anguish.
SIXTEENTH CAUSE OF ACTION
(Nuisance -All Plaintiffs Against Defendants
County of Ventura, Ventura county Flood Control
District, Ventura county Water Works No. 1,
City of Moorpark and Does 100 through 125)
84. Plaintiffs reallege and incorporate by reference para-
graphs 1, 2, 4 through 12, 73, 74, 75 and 82.
85. Plaintiffs are informed and believe and thereon allege
that the Public Improvements have leaked liquid out of said Public
Improvements and/or said Public Improvements have failed to
properly drain liquid from the surface or the soil underlying or
surrounding plaintiffs' properties. Plaintiffs are also informed
and believe and thereon allege that Spring Road and Fern Valley
court are unstable, settling, slipping, sliding or subsiding and
thus are contributing or causing the damage and conditions suf-
fered by plaintiffs' properties. Plaintiffs are informed and be-
lieve and thereon allege that as a proximate result of the above
conditions, the soil underlying plaintiffs' homes is unstable
thereby causing extensive damage to plaintiffs' homes, including,
but not limited to, cracked and separated walls, floors, ceilings,
foundations and tiles.
86. The above alleged conduct on the part of the Public
Entity Defendants is injurious to plaintiffs' health, indecent and
offensive to the senses and substantially interferes with the free
use and comfortable enjoyment of plaintiffs' property.
87. As a proximate result of the conduct of defendants,
and each of them, plaintiffs have been damaged in a sum which is
equal to or greater than the jurisdictional minimum amount of this
court and is the difference between the purchase pri ce of each of
their homes and the actual fair market value of each of their
homes, or the cost to repair and restore each of their homes and
the land upon which they are located, plus additional consequen-
tial damage, including, but not limited to, lost profits, loss of
use of property, t h e a mount of mortga ge payments, taxe s , i n -
surance, a nd the c o s t of i mproveme n ts p aid b y p l a in~i f fs to d a te
and severe emot i ona l d i stress a n d men t al angui s h .
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SEVENTEENTH CAUSE OF ACTION
(Inverse condemnation -All Plaintiffs Against
Defendants County of Ventura, Ventura County Flood
control District, Ventura County Water Works
District No. l, City of Moorpark and
Does l through 125)
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88. Plaintiffs reallege and incorporate by reference para-
graphs l, 2, 4 through 12, 73 and 74.
89. Plaintiffs are informed and believe and thereon allege
that the Public Entity Defendants designed, planned, supervised,
substantially participated in construction of, accepted, own,
~aintain and operate the Public Improvements in the vicinity of,
relating to or underlying plaintiffs' homes including, but not
l imited to, Fern Valley Court, Spring Road and all flood control,
drainage, sewage and water facilities (hereinafter "Public Im-
provements") all of which are for the benefit of the public.
90. Plaintiffs are informed and believe and thereon allege
that the Public Improvements have leaked liquid and/or said Public
Improvements have failed to properly drain liquid from the surface
or the soil underlying or surrounding plaintiffs' homes with the
result that said liquid has accumulated in the soil underlying or
surrounding plaintiffs' property and caused said soil to become
unstable. Plaintiffs are also informed and believe and thereon
allege that Spring Road and
settling, slipping, sliding
contributing or causing the
plaintiffs' properties.
Fern Valley Court are unstable,
and subsiding and thus are
damage and conditions suffered by
91. Plaintiffs are informed and believe and thereon allege
that as a substantial result of the instability of the soil under-
lying plaintiffs' homes and/or the subsiding or instability of
30 ,; Spring Road, plaintiffs' properties have been taken without com-
,, pensation in that their homes have suffered extensive damage, in-31 ,,
eluding, but not limited to, cracked and separated walls, floors, 32 1.
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ceilings, foundations and tiles.
92. As a proximate and substantial result of the conduct
of the Public Entity Defendants, and each of them, plaintiffs have
been damaged in a sum which is equal to or greater than the juris-
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dictional minimum amount of this court and is the difference be-
tween the fair market value of each home and its actual value plus
interest at the legal rate from the date of the taking or the cost
to repair and restore each of their homes and the land upon which
they are located, plus additional consequential damage, including,
but not limited to, lost profits, loss of use of property, the
amounts of mortgage payments, taxes, insurance and costs of im-
provements plus interest thereon at the legal rate from the date
of the taking.
93. Plaintiffs have incurred and will continue to incur
attorneys', appraisal and engineering fees in amounts that cannot
yet be ascertained but are recoverable under Section 1036 of the
Code of Civil Procedure.
WHEREFORE, plaintiffs Richard D. Crispo, Beverly A.
Crispo, Stanley M. Ziarniak, Linda F. Ziarniak, Claudia M.
Troispoux, Claude Troispoux, Georgette Troispoux, Kathleen Anne
White, individually and as Trustee of The White Trust, Walt K.
Johnson, Jayne W. Johnson, Patrick Boden, Madeline T. Boden, Paul
N. Cordeau, Elaine Cordeau, Jesse L. Tyler and Donna L. Tyler, and
each of them, request the following relief:
FIRST AND SECOND CAUSES OF ACTION
All Plaintiffs Against Defendants Calprop, MJD Construc-
tion, Gorian & Associates, Inc., Earl R. Morley, Jr., R&H Paving,
Inc., Con-Tech and Does 1 through 75:
1. Damages in a sum equal to or greater than the juris-
dictional minimum amount of this court,
(a) For the difference between the purchase price and
the actual fair market value of each home, or
(b) The cost of repair and restoration, plus,
(c) Additional damages for lost profits , loss of use
of property, mortgage payments, taxes, insurance, t h e cost of im-
provements, severe emotional distress and mental anguish.
2. Punitive damages.
FO UR TH CAUSE OF ACTIO N
All plaintiffs aga i nst al l defendants but Ca l prop and Does
51 through 100:
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3. Damages in a sum equal to or greater than the juris-
dictional minimum amount of this court,
(a) For the difference between the purchase price and
the actual fair market value of each home, or
(b) The cost of repair and restoration, plus,
(c) Additional damages for lost profits, loss of use
of property, mortgage payments, taxes, insurance, the cost of im-
provements.
SIXTH CAUSE OF ACTION
All plaintiffs against defendants Calprop, Dreyer & Young ,
Inc. and Does 51 through 75:
4. Damages in a sum equal to or greater than the juris-
dictional minimum amount of this court,
(a) For the difference between the purchase price a nd
the actual fair market value of each home, or
(b) The cost of repair and restoration, plus,
(c) Additional damages for lost profits, loss of use
of property, mortgage payments, taxes, insurance, the cost of im-
provements and severe emotional distress and mental anguish.
s. Punitive damages.
THIRD CAUSE OF ACTION
Plaintiffs Richard D. Crispo, Beverly A. Crispo, Stanley
M. Ziarniak, Linda F. Ziarniak, Claudia M. Troispoux, Claude
Troispoux, Georgette Troispoux, Patrick Boden, Madeline T. Boden,
Paul N. Cordeau, Elaine M. Cordeau, Jesse Tyler, Jr. and Donna L.
Tyler Against Defendant Calprop:
6. Damages in a sum equal to or greater than the juris-
dictional minimum amount of this court,
(a) For the difference between the purchase price and
the actual fair market value of each home, or
(b) The cost of repair and res~oration, plus,
(c) Additional damages for los~ profits, loss of use
of property, mortgage payments, taxes, insurance, the cost of im-
provements.
FIFTH CAUSE OF ACTION
Plaintiffs Richard D. Crispo, Beverly A. Cr i spo , Stanley
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M. Ziarniak, Linda F. Ziarniak, Claudia M. Troispoux, Claude
Troispoux, Georgette Troispoux, Patrick Boden, Madeline T.
Boden, Paul N. Cordeau, Elaine M. Cordeau, Jesse L. Tyler, Jr. ~nd
Donna L. Tyler Against Defendants Calprop, MJD Construction,
Gorian & Associates, Inc. Earl R. Morley, Jr., R&H Paving, Inc.,
Con-Tech, Does 1 through 50, and Each of Them:
7. Damages in a sum equal to or greater than the juris-
dictional minimum amount of this court,
(a) For the difference between the purchase price and
the actual fair market value of each home, or
(b) The cost of repair and restoration, plus,
(c) Additional damages for lost profits, loss of use
of property, mortgage payments, taxes, insurance, the cost of
improvements.
a. Rescission of the written Agreements of Purchase and
Sale and Escrow Instructions and restitution of all benefits and
value conferred.
SEVENTH CAUSE OF ACTION
Plaintiffs Richard D. Crispo, Beverly A. Crispo, Stanley
M. Ziarniak, Linda F. Ziarniak, Claudia M. Troispoux, Claude
Troispoux, Georgette Troispoux, Patrick Boden, Madeline T. Boden,
Paul N. Cordeau Elaine Cordeau, Jesse L. Tyler, Jr. and Donna L.
Tyler Against Defendants Calprop, Dreyer & Young, Inc., and Does
51 through 75:
9. Damages in a sum equal to or greater than the juris-
dictional minimum amount of this court,
(a) For the difference between the purchase price and
the actual fair market value of each home, or
(b) The cost of repair and restoration, plus,
( c) Additional damages for lost profits, loss of use
31 of property, mortgage payments, taxes, insurance, the cost of im-
i 32 p provements, severe emotional distress and mental anguish.
33 !I 10. Punitive Damages.
34 I[ 11. Rescission of the written Agreement of Purchase and
35 Sale and Escrow Instructions and restitution of all benefits and
36 value conferred.
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EIGHTH CAUSE OF ACTION
Plaintiffs Kathleen Anne White, Walt K. Johnson and Jayne
w. Johnson against defendants Stephen R. Oglesby, Vicky Oglesby,
William Giragos and carol Giragos:
12. Damages in a sum equal to or greater than the juris-
dictional minimum amount of this court,
(a) For the difference between the purchase price and
the actual fair market value of each home, or
(b) The cost of repair and restoration, plus,
(c) Additional damages for, lost profits, loss of use
of property, mortgage payments, taxes, insurance, the cost of im-
provements, severe emotional distress and mental anguish.
13. Punitive damages.
NINTH AND TWELFTH CAUSES OF ACTION
Plaintiffs Kathleen Anne White, Walt K. Johnson and Jayne
w. Johnson Against Defendants Stephen R. Oglesby, Vicky A.
Oglesby, William Giragos and Carol Giragos:
14. Damages in a sum equal to or greater than the juris-
dictional minimum amount of this court,·
(a) For the difference between the purchase price and
the actual fair market value of each home, or
(b) The cost of repair and restoration, plus,
(c) Additional damages for lost profits, loss of use
of property, mortgage payments, "taxes, insurance, the cost of im-
provements, severe emotional' distress and mental anguish.
TENTH CAUSE OF ACTION
Plaintiffs Kathleen Anne White, Walt K. Johnson and Jayne
W. Johnson Against Defendants Stephen R. Oglesby, Vicky A.
Oglesby, William Giragos and carol Giragos:
15. Damages in a sum equal to or greater than the juris-
dictional minimum amount of this court,
(a) For the difference between the purchase price and
the actual fair market value of each home, or
(b) The cost of repair and restoration, plus,
(c) Additional damages for lost profits, loss of use
of _property, mortgage payments, taxes, insurance, the cost of im-
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provements.
16. Punitive damages.
17. Rescission of the written purchase and sale contracts
and restitution of all benefits and value conferred.
18. Reasonable attorneys' fees.
ELEVENTH AND THIRTEENTH CAUSE OF ACTION
Plaintiffs Kathleen Anne White, Walt K. Johnson and Jayne
w. Johnson Against Defendants Stephen R. Oglesby, Vicky A.
Oglesby, William Giragos and Carol Giragos:
19. Damages in a sum equal to or greater than the
jurisdictional minimum amount of this court,
(a) For the difference between the purchase price and
the actual fair market value of each home, or
(b) The cost of repair and restoration, plus,
(c) Additional damages for lost profits, loss of use
of property, mortgage payments, taxes, insurance, the cost of im-
provements, severe emotional distress and mental anguish.
20. Rescission of the written purchase and sale contracts
and restitution of all benefits and value conferred.
21. Reasonable attorneys' fees.
FOURTEENTH CAUSE OF ACTION
All plaintiffs against defendants Does 76 through 100:
22. Damages in a sum equal to or greater than the juris-
dictional minimum amount of this court,
(a) For the difference between the purchase price and
the actual fair market value of each home, or
(b) The cost of repair and restoration, plus,
(c) Additional damages for lost profits, loss of use
of property, mortgage payments, taxes, insurance, the cost of im-
provements.
FIFTEENTH CAUSE OF ACTION
All plaintiffs against defendants County of Ventura,
Ventura County Flood Control District, Ventura County Water Works
District No. 1 City of Moorpark and Does 101 through 125:
23. Da mages in a sum equal to or greater than the juris-
dictional minimum amount of this court,
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( a) For the difference between the purchase price and
the actual fair market value of each home, or
(b) The cost of repair and restoration, plus,
( c) Additional damages for lost profits, loss of use
of property, mortgage payments, taxes, insurance, the cost of im-
provements, severe emotional distress and mental anguish.
SIXTEENTH CAUSE OF ACTION
All plaintiffs against defendants county of Ventura,
Ventura county Flood Control District, Ventura County Water Works
District No. 1, City of Moorpark and Does 101 through 125:
24. Damages in a sum equal to or greater than the juris-
dictional minimum amount of this· court,
(a) For the difference between the purchase price and·
the actual fair market value of each home, or
(b) The cost of repair and restoration, plus,
(c) Additional damages for lost profits, loss of use
17 of property, mortgage payments, taxes, insurance, and the cost of
18 improvements, severe emotional distress and mental anguish.
19 SEVENTEENTH CAUSE OF -ACTION
20 All plaintiffs against defendants County of Ventura,
21 I Ventura County Flood Control District, Ventura County Water Works
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22 I District No. 1 City of Moorpark and Does 101 through 125:
23 i 25. Damages in a sum equal to or greater than the juris-
i 24 ! dictional minimum amount of this , court,
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(a) For the difference between the fair market value
of each home and its actual value, or
(b) The cost of repair and restoration, plus,
(c) Additional damages for lost profits, loss of use
of property, mortgage payments, taxes, insurance, and cost of im-
provements.
26. Interest thereon at the legal rate.
27. For reasonable attorneys', appraisal and engineering
33 !' fees.
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ALL CAUSES OF ACTION
28. Costs of suit.
36 I 29. Such other and further relief as the court deems just
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and proper.
Dated: September 2 _;, , 1991
COHEN, ENGLAND & WHITFIELD
By: /5/ ------'-------------
32.
ROBERT W. SCHROEDER
Attorneys Richard D. and Beverly
A. Crispo, Stanley M. and Linda
F. Ziarniak, Claudia M.
Troispoux, Kathleen Anne White,
Individually and as Trustee for
The White Trust, Walt K. and
Jayne w. Johnson, Patrick and
Madeline T. Boden, Paul N. and
Elaine M. Cordeau
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