Leone v. D.R. Horton, Inc.

Plaintiff alleges in this class action lawsuit that Defendants misrepresented that there would be secured parking at the “Promenade,” located at 13044 Pacific Promenade, Playa Vista, California. Plaintiff alleges that Defendants used a sales brochure with false and misleading information regarding the “secured” nature of the parking. Plaintiff alleges that the parking at the Promenade is, and has never been, secured. Plaintiff further alleges that the conduct of Defendants was unfair, unlawful and/or fraudulent, in violation California Unfair Competition Law. In addition, Plaintiff alleges that since the Promenade did not have secured parking, as represented, the market value of the Promenade condominium units at the time originally purchased was lower than those comparable condominium units sold with secured parking. In this regard, Plaintiff seeks restitution of money and other equitable relief in this Class Action lawsuit.

On November 13, 2009, the Court granted Plaintiff’s Motion for Class Certification. The Court certified a Class defined as follows: All persons who are original purchasers of condominium units at the “Promenade,” located at 13044 Pacific Promenade, Playa Vista, California. Notice of Class Action has been sent to Class members.

After the notice period expires, this case will proceed to arbitration before a single arbitrator pursuant to the Purchase Agreement.