20 Los Angeles Homeowners Recover $1.32 Million for Hearing Their Neighbors Snore

May 24, 2004, 01:00 ET from The Miller Law Firm

    LOS ANGELES, May 24 /PRNewswire/ -- Downtown Los Angeles loft owners
 recovered $1.32 million for the luxury of hearing their neighbors at all hours
 of the day and night.  When homeowners at the Toy Warehouse lofts moved into
 their new homes in 2001, they began to hear their neighbors cooking dinner,
 talking, watching TV, snoring in their sleep and even using the bathroom.
 When they looked into the problem, they found that the builder never followed
 the building plans and omitted soundproofing between the walls and the floors.
     The owners were left with no option but to a claim with the builder on
 January 1, 2003.  The case went all the way to trial.  Two weeks into trial,
 just at the Plaintiffs rested, the case was settled for $1.32 million.  The
 developer offered a mere $125,000 before trial to settle the case.  This case
 was fully resolved in less than 16 months.
     According the owners' attorney, Thomas E. Miller of The Miller Law Firm,
 "It is not uncommon in this kind of dense living for people to hear their
 neighbors in certain situations.  But, this was just another blatant example
 of how builders cut corners and the consumer pays for the these mistakes."
     The Toy Warehouse Lofts were the product of gutting a building built in
 1907.  They were developed by several entities.  The builder was Decoma
 Industries, who claim to have developed over 300 projects and complete over
 3000 structural retrofits in California.  The other entity, Toy Warehouse
 Lofts Reality Investors LLC, is made up of two managers, Canon Capitol and
 Decoma Structural LLC.
     "As seasonal loft-dwellers, we are used to renting and fitting out
 warehouses into viable living and working spaces at our own expense.  However,
 the Toy Warehouse Lofts were sold to us as "high-end finished new
 construction" and we paid the prices for that.  We are elated and relieved
 that at last we will be able to create the dream lofts that we purchased.  Our
 attorneys got us the funds we need to bring our lofts to the standards we were
 told we were buying," states Z Zazhinne, President of the Toy Warehouse Lofts
 Owners Association.
     According to lead trial counsel, Brian Kabateck, of Kabateck & Garris, "In
 order to keep developers and their insurance companies honest and to continue
 to pay for consumer claims for shoddy construction, it becomes necessary to
 try these cases.  Trial by jury is the ultimate protection for the home buying
 public and the fact that this case was resolved in less than 16 months is a
 boost for California consumers."
     The owners will receive their settlement within sixty days.
     Thomas E. Miller has recovered over $450 million on behalf of homeowners
 with construction defects and is the author of the only book on the subject,
 "Home and Condo Defects: A Consumer Guide to Faulty Construction."   Brian
 Kabateck has recovered over $200 million on behalf of consumers with mold,
 insurance, class action and construction defect claims.
     For more information go to www.ConstructionDefectS.com or contact Rachel
 Miller at 949-466-8543 or Rachel@constructiondefects.com.

SOURCE The Miller Law Firm