333 West Santa Clara Street, Suite 910, San Jose, CA 95113



Louis H. Borders Revocable Trust, et al. v. Walker/Warner Architects, JD Group Construction Company, Inc., et al.

 San Mateo Superior Court – Construction Defect & Misrepresentation (2017)

Elliott & Elliott represented the homeowners of an 8,400 square foot custom home in complex construction defect, architectural/engineering error, and fraud/misrepresentation litigation stemming from alleged construction and/or design errors. These alleged defects ranged from problems with exterior doors, door pans and thresholds, exterior stucco and stone walls, roofs, windows, chimneys, retaining walls, and sub-grade waterproofing, among others, many of which caused resultant property damage. After hard-fought litigation against more than twenty separate contractors, subcontractors, and design professionals, Elliott & Elliott secured a $6.7 million settlement for the homeowners on the second day of trial.


Silverbell 290 Limited Partnership vs. Scott Homes, et al. and Pacific Capital Investments et al. v. Crystal Springs 200 LLP et al. 

(Maricopa and Tucson County Superior Court – Construction Defect)

Lexington Insurance Company v. Scott Homes Multifamily, Inc. and Silverbell 290 Limited Partnership and Chartis Specialty Insurance Company and Lexington Insurance Company v. Scott Homes Multifamily, Inc.; Pacific Capital Investments, et al.

U.S. District Court, District of Arizona – Breach of Insurance Contract and Insurance Bad Faith (2016)

In this series of complex construction defect, insurance coverage, and insurance bad-faith cases, Elliott & Elliott represented the owners of two large apartment complexes in Phoenix and Tucson, Arizona suffering from water intrusion and property damage.

Elliott & Elliott began by representing the property owners in complex construction defect litigation that involved more than a dozen contractors and construction materials manufacturers and suppliers.  In 2013, Elliott & Elliott litigated those cases in Arizona Superior Court and obtained recoveries totaling $6.4 million.  As part of a Damron-styled settlement agreement, Elliott & Elliott also obtained a judgment against the general contractor and secured an assignment of the general contractor’s rights against its non-defending subcontractors and excess insurance carriers.

Following the resolution of the Arizona state court construction defect claims, Elliott & Elliott used the assigned rights from the general contractor to pursue the general contractor’s excess insurance carrier in federal district court due to the insurer’s failure to provide coverage for the underlying judgment.  In this hotly contested insurance coverage dispute, Elliott & Elliott obtained a jury verdict of $4.3 million in favor of its clients and against Lexington Insurance Company, as well as an addition $1 million award for attorney’s fees and litigation costs.  Lexington Insurance Company v. Silverbell 290 Limited Partnership, et. al.; Case No. 2:12-CV-02119-JAT.  Elliott & Elliott also obtained additional recoveries as part of these federal insurance coverage cases, for a total recovery of $18.9 million for their clients in these matters.


San Mateo West LLC et al. v. Douglas Ross Construction

San Mateo Superior Court – Construction Defect (2013)

Elliott & Elliott represented the owner of a large apartment complex in this construction defect case, claiming damages for alleged design-related errors and defective exterior surfaces, cladding, siding, decks, flashing, roofs, waterproofing, and other project components.  The Firm obtained a settlement with the general contractor for $13 million as well as an assignment of the general contractor’s indemnity rights and pending legal claims against the subcontractors.  Using these assigned rights and legal claims, Elliott & Elliott recovered an additional $8.7 million, for a total recovery of $21.7 million.


Prometheus Real Estate Group, Inc. et al. v. Philadelphia Insurance Company

Binding Arbitration – Breach of Contract & Insurance Bad Faith (2017)

Elliott & Elliott prevailed at arbitration on behalf of a policy holder whose insurer attempted to assert an alleged policy exclusion and deny payment to the insured in connection with third-party litigation.   Elliott & Elliott convinced a panel of three arbitrators that the insurer had waived its right to assert its alleged policy exclusion because the insurer failed to reserve its rights in a timely manner, thereby recovering a total of $395,000 for the policy holder.


Vacaville Community Housing et al. v. Ashwood Construction, Inc. et al.

Solano County Superior Court – Construction Defect (2016)

Elliott & Elliott represented the owner of the Lincoln Corner Apartments, a 134-unit multi-family residential apartment complex in Vacaville, California. The property owner sought damages due to claims of defective stucco system, entry landings, decks, windows, and roofs, and other defect items, as well as economic damages stemming from loss of use during the anticipated repair. Elliott & Elliott quickly secured settlements totaling $7.3 million prior to trial from more than twenty contractors, subcontractors, and/or design professionals.


Motayar v. American General Life Insurance Company

Santa Clara County Superior Court – Insurance Bad Faith (2007)

Elliott & Elliott represented the plaintiff and surviving spouse in an insurance coverage and insurance bad faith case against a life insurance provider for denial of benefits under a life insurance policy.  After the insured died in a small plane crash, the insurance carrier denied coverage on the grounds that the insured failed to disclose his pilot’s license as part of his life insurance renewal.  Elliott & Elliott debunked the insurer’s grounds for denial of coverage and obtained a $2.75 million recovery on a $1 million life insurance policy.

Confidential Settlement

United Logistics, LLC v. Hartford Fire Insurance Company

Northern District of California – Breach of Contract & Insurance Bad Faith (2018)

Elliott & Elliott prosecuted claims on behalf of the policy holder in this insurance coverage and insurance bad faith litigation.  The Firm’s client, a California-based freight shipping and trucking company, claimed damages stemming from its Carrier for Hire – Cargo and Warehouse Logistics insurer’s alleged failure to timely provide insurance coverage for a theft loss involving cargo stolen from one of its freight trucks.  Elliott & Elliott resolved these claims and secured a settlement to its client’s satisfaction through successful mediation.



Norfolk Atrium et al. vs. Culligan International Co., et al. (2017)


Emeryville Homes LLC vs. Green Valley Corp. dba Barry Swenson Builder, et al. (2017)


Capri Creek Associates LLC v. Various Subcontractors (2015)


Cypress Owners Association et al. v. McDevitt & McDevitt Construction Inc., et al. (2014)


Trinity Avenue, LLC v. KTGY Group, Inc. (2010)


Kensington-Fairoaks Associates v. Pacific Building Development, Inc., et al. (2009)


Sierra Ridge Investors v. Northwest Land Co., et al. (2008)


Park Centre, LLC (Park Place II) v. Ross Constr., et al. (2008)


Miramar Apartments Ltd. v. Ross Constr., et al. (2008)


Rincon de los Esteros Ltd. v. Dow Builders, et al. (2008)


Cupertino City Apartments Ltd. v. Trident Constr., et al. (2006)


Antelope Associates (Danbury Park) v. Louisiana-Pacific, et al. (2006)


Surf City Produce v. City of Santa Cruz, et al. (2005)


Bridge St. Commons, LLC v. Speckert Bld. Products, et al. (2005)


Kensington-Fair Oaks Assoc. v. Masonite, et al. (2004)


Fifty Peninsula Partners (Sterling Court) v. Webcor, et al. (2003)


Lick Mill Creek Apartments v. Forestex, Inc., et al. (2002)


Shelter Cove, Ltd. v. Forestex, et al. (2002)


Prometheus Income Partners (Timberleaf) v. Weyerhaeuser, et al. (2002)


Prometheus Income Partners (Alderwood) v. Weyerhaeuser, et al. (2002)


Eagle Square Partners (City Center) v. Calprom, et al. (2002)


Benton Park Ltd. v. Barnes Constr., et al. (2002)


G.W. Williams Co. v. Weyerhaeuser (2001)


Orchard Glen Ventures v. Carl N. Swenson Co. (2001)


The Farm Assoc. Ltd. v. Lyntrak Constr., et al. (2001)


Cupertino City Center Ltd. v. Calprom, et al. (2001)


Capitol Ford, et al. v. Sonic Corp., et al. (2001)

Valued at $175,000,000

Williams, et al. v. Weyerhaeuser (Class Action)(2000)


Sunset Ridge Assoc. (Trellis Square) v. Weyerhaeuser, et al. (2000)


Chang, et al. v. Weyerhaeuser, et al. (2000)