Families sue builders, alleging mold growth
An attorney says repairs in the Boulder Creek project could top $6 million.

By AMY DIAZ
The Press-Enterprise
MENTONE Thursday, August 22, 2002

Repair work on homes in the Boulder Creek development that a lawsuit contends have
construction defects could exceed $6 million, according to an attorney representing the
homeowners.

Fifty-eight families are suing the developer and numerous subcontractors for problems
that resulted in water intrusion and the growth of "molds and fungi generating toxins
and spores," as well other alleged defects, according to the complaint.

The homeowners argue that a mold, a green-black substance called stachybotrys that
grows in floors and walls, has caused rashes, eye irritation, respiratory ailments and
other cold-like symptoms.

Damages sought include the cost of repairs, relocation expenses, money for the loss
of use of the houses, attorneys' fees and, in some cases, personal injury damages,
according to Kenneth Kasdan, the plaintiff's attorney from Kasdan, Simonds and
Epstein, LLP of Irvine.

In the lawsuit, filed Thursday in San Bernardino District Superior Court, the families
-- representing about 110 people -- named developers, design professionals and
subcontractors, including builder JMS Properties Inc.

JMS Properties officials could not be reached for comment.

The single-family-home development near the intersection of Mentone Boulevard and
Crafton Avenue, has 125 homes.

Kasdan said about 90 percent of the residents involved in the suit are the original
homeowners. He estimates that the cost of repairs will exceed $100,000 for each home,
which, he said sold new for about $115,000 four or five years ago.

Margaret Schaaf and her family, who are part of the suit, have experienced a variety
of allergic reations since moving into their home on Applewood Drive in February 1997,
she said.

Schaaf's daughters, Katie, 5, and Marybeth, 2, developed rashes, which improved once
some parts of the floors and walls were covered with plastic, Schaaf said. She and her
husband, James, a Murrieta firefighter, have experienced eye irritation as well as other
cold-like symptoms, She said.

Schaaf keeps her 4-month-old son, Wyatt, who has not shown any symptoms, away from
the floor and walls and frequently takes him to her mother's house, she said.

"It's just been a disaster," Schaaf said.

This is the Schaafs' first home, and while she would like to leave the house for safety
reasons, her family has ties to the area. In addition, she could not sell the house in its
current condition, she said.

The stachybotrys mold is not as common as other types that can grow in homes, according
to Joan Mulcare, a program manager for the Environmental Health Services Division of the
San Bernardino County Public Health Department.

A home inspection service can test a mold to determine what species it is, Mulcare said.
This process can cost almost $300 a test, Mulcare said.

Mulcare said not everyone is affected by all types of mold. Anyone who believes mold in
the home is causing illness should see a doctor, she said.

Mulcare said the county can answer general questions about mold -- but not identify types
or diagnose symptoms -- at (909) 387-3047.

Amy Diaz can be reached by e-mail at adiaz@pe.com or by phone at (909) 792-7247.

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