Dismissed for $0

In a construction defect case, involving a sewage overflow in a residential property, Marc Zimet secured a dismissal for our client, paying $0!

The defendant, City of Monterey, hired a consultant, who retained the services of the firm’s client to repair the interior of the residence. The case was originally framed as an inverse condemnation action against the City, including negligence, nuisance, and trespass causes of action against our client and the consultant. The City was successful on its demurrer and dismissed from the case. The consultant was preparing his motion for summary judgment, likely to be granted. Our attorneys had filed a motion to compel discovery responses and request for sanctions against the plaintiff.

Prior to the decisions from the court on the motions of the consultant and our client, we successfully brokered a settlement between the City and the plaintiff (after the City was dismissed), whereby the plaintiff received 35% more than originally promised by the City, in exchange for dismissal of the suit (and our client paying nothing).

The firm convinced plaintiff to accept a low offer, and for the City to pay a settlement which it was not legally obligated, and our client paid nothing!