Spelling's long-running fight over leaky roof reaches end. (Law).HOME-sweet-litgious-home. A recent appellate ruling appears to have closed the door on a decade-long string of lawsuits surrounding construction of Aaron Spelling's 56,500-square-foot Holmby Hills mansion. The television producer and his wife, Candy, won a Nov. 8 appellate ruling in a malicious prosecution An action for damages brought by one against whom a civil suit or criminal proceeding has been unsuccessfully commenced without Probable Cause and for a purpose other than that of bringing the alleged offender to justice. claim brought by now defunct R.W. LaMar Construction Inc., the contractor that built their house. LaMar brought the malicious prosecution claim in 1996 after a jury ruled against the couple in their $12 million breach of contract and fraud suit against it. In the claim, company president Robert LaMar argued that the Spellings had no reason to file their fraud claim. Judge Victor Person, in the state's 2nd Appellate District, disagreed. "The impetus for the 1996 lawsuit was the fact that the roof leaked, two experts who investigated had opined that the home contained construction defects and wrong materials were used, and the Spellings claimed that LaMar had not informed them of the changes," Person wrote in the recent ruling. "These facts were all that were needed to lead a reasonable attorney to conclude a lawsuit was viable." Parties often file malicious prosecution claims to obtain damages after winning a lawsuit they claim was brought against them with malice malice, in law, an intentional violation of the law of crimes or torts that injures another person. Malice need not involve a malignant spirit or the definite intent to do harm. and without probable cause Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a Cause of Action has accrued, justifying a civil lawsuit. . The ruling against LaMar came despite videotape that depicted Candy Spelling whacking apart a LaMar sign with a hatchet hatchet: see tomahawk. to celebrate the end of the four-year construction of the Spellings' home in 1991. The Spelling's attorney, Edward Woods Edward Woods (July 5, 1903--October 8, 1989) was an American actor who was playing the lead in the screen classic The Public Enemy, with James Cagney portraying his best friend, but director William Wellman switched the actors' roles after viewing Cagney's electric , said the recent ruling ends the litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. between both parties. "I think there's relief on the part of everyone," said Woods, a partner at Browne & Woods LLP LLP - Lower Layer Protocol in Beverly Hills Beverly Hills, city (1990 pop. 31,971), Los Angeles co., S Calif., completely surrounded by the city of Los Angeles; inc. 1914. The largely residential city is home to many motion-picture and television personalities. . Ted Gropman, a Woodland Hills sole practioner representing LaMar, said he was disappointed. "It seems like there's an outright hostility to malicious prosecution claims," Gropman said. "And I think it was appropriate for them to sue for breach of contract. What it was not right to do was sue for fraud. It was a simple roof-leak case. It was malicious prosecution." He said LaMar closed its doors a few years ago and couldn't say whether the closure was related to the litigation matters with the Spellings or whether the ruling would be appeal. The Spellings had sued the contractor for construction defects just after the home was completed. They received $1.2 million, while the contractor got $650,000 as part of an 18-page settlement agreement in 1993 (apart from the second suit in 1996, which is the subject of the appellate ruling). Staff reporter Amanda Bronstad can be reached at (323) 549-5225 ext. 225, or at abronstad@labusinessjournal.com. |
|
||||||||||||||||||||||

Printer friendly
Cite/link
Email
Feedback
Reader Opinion