The Plaintiff filed an action against a hospital claiming a prescriptive easement across the hospital’s property for access to his adjoining property. Attorney Karen Taillon filed a cross-complaint to quiet title, and after extensive discovery and negotiations, successfully resolved the entire action on the eve of trial through a series of agreements between the Plaintiff, his children (successors to his property), the City of Laguna Beach, and the hospital.

The benefits to the hospital included Cummins & White’s ability to preserve the hospital’s title, minimize the Plaintiff’s use and long-range ability to impact the hospital’s title, and ensure the hospital’s ability to use the property as part of its master plan while preserving its relationship with the City of Laguna Beach and the open space easement created for the city’s benefit.

Case Study

This case arose out of design defects and other construction disputes between the designer/builder Turner, the architect/engineer Cannon Design, and Simi Valley Hospital in relation to the hospital’s new patient bed tower.

Cummins & White successfully negotiated a settlement of Turner’s claims against the hospital related to a specific design defect, which included Turner taking over the primary defense and indemnity of the hospital against Cannon’s cross-complaint, all at Turner’s expense.

Cummins & White continued to work with Turner’s counsel to protect the hospital’s interests and to ensure that any settlement considered and reserved the Hospital’s ongoing claims against Turner.

The benefit to the client was a reduced settlement amount for specifically identified claims, protection from liability for the architect/engineer’s claims, and preservation of the working relationship with the contractor in order to ensure completion of the project.