- May 14, 2013
-- Chapin Fitzgerald LLP recently obtained a judgment of dismissal for its client, a large international real estate developer, in Sarnecky et al. v. CLB Partners, Ltd., et al.,
(San Diego Superior Court, Case No. 37-2010-00092634-
The plaintiff homeowners in this purported class action, represented by former San Diego City Attorney Mike Aguirre, sought redress over the allegedly fraudulent marketing and sale of defective condominiums at the Seahaus La Jolla condominium project. In particular, the plaintiffs alleged that one of the defendants, a publicly-traded international real estate developer, conspired to conceal construction defects beginning in March 2005 and defrauded the plaintiffs into purchasing their condominium units. The plaintiffs alleged four causes of action against the real estate developer, including claims for intentional misrepresentation, concealment, negligent misrepresentation, and negligence.
Chapin Fitzgerald LLP successfully obtained a dismissal for its client at the pleadings stage. The firm demurred to the complaint, which was sustained with leave to amend. After amendment, the firm again demurred to the amended complaint, which was sustained without leave to amend. The Court subsequently dismissed all the causes of action against the real estate developer and entered judgment in its favor. Chapin Fitzgerald LLP was the only firm in this multi-defendant case to obtain dismissal with prejudice for its client at the pleading stage.Chapin Fitzgerald LLP is a boutique trial law firm in San Diego, California, focused exclusively on trying cases and handling controversies for its clients. The firm has a broad body of trial experience and represents both plaintiffs and defendants, advocating for corporate entities as well as individuals.