Rai Fink Ebner trial attorney Darren Ebner secured a defense verdict in a construction defect lawsuit involving a $25 million Newport Coast residence. The homeowner pursued damages for alleged hardscape and stucco cracking, pool defects, drainage issues, and plumbing leaks — seeking compensation for driveway, courtyard, and stucco replacement, pool and retaining-wall repairs, and more than $1.5 million in loss-of-use damages. The five-week trial took place in Orange County Superior Court in Santa Ana.

During pre-trial proceedings, Ebner successfully moved to exclude the plaintiff’s repair estimate for lack of relevance, forcing reliance on expert testimony and invoices. At trial, Ebner argued the client was not negligent and did not breach its written contract, and that the claimed $624,000 in damages were unreasonable.

After two days of deliberation, the jury unanimously sided with the defense, awarding no damages. The verdict exceeded the defendant’s $85,000 settlement offer, and in a post-trial agreement the plaintiff waived appeal rights and paid the defendant $40,000 in costs.