COIT Cleaning Pays $375K for Marble Damage, Shattered Wrist

Case Background

In a civil dispute filed in the Superior Court of the State of California, County of Orange, North Justice Center, homeowner Delanna Stahl-Lee brought suit against Steven Moran, doing business as COIT Cleaning & Restoration ("COIT"), and his company, Matrix Innovations, LLC, doing business as COIT Cleaning and Restoration. The case revolved around a written agreement entered into on or about July 8, 2020, where Stahl-Lee contracted COIT for cleaning and polishing her natural stone flooring, counters, and walls, along with carpet cleaning services at her Laguna Niguel property. The written agreement included an express 100% satisfaction guarantee, promising to re-clean, refund, repair damage, or credit the item's value toward a like replacement.

Cause

The central claim stemmed from the work that began on or about July 25, 2020. According to Stahl-Lee, a COIT workman repeatedly left the property to retrieve supplies and then applied excessive amounts of an undiluted acidic solution to her marble surfaces—including walls, vanities, glass shower doors, and fixtures —despite her concerns about his experience. The workman allegedly left the acidic solution on the surfaces for three days. When COIT representatives from San Diego County, who were the team that trained all COIT employees on how to clean natural stone, later inspected the site, they were reportedly "shocked". They stated the acid had permanently damaged the marble and should have been immediately neutralized. The workman then attempted to remove the solution by purchasing and using steel wool, which left large holes, deep scratches in the marble, discoloration of the grout, and chunks of steel wool scattered throughout the property.

Injury

Stahl-Lee's alleged injuries fell into two categories: property damage and personal injury. The property damage included the permanent etching and scratching of her natural stone, disintegration of fillers and grout, and damage to surrounding fixtures, mirrors, walls, shutters, and carpet. Furthermore, Stahl-Lee claimed she was severely injured while cleaning chunks of steel wool off her walls, which resulted in a shattered wrist requiring five hours of surgery to implant two metal plates and pins over her left wrist bone. Her grandchildren also reportedly suffered steel wool splinters under their skin that had to be removed with tweezers.

Damages Sought

The Plaintiff sought damages for repair costs, loss of use, relocation expenses, loss or damage to personal and real property, and emotional distress. The total amount was to be determined at trial, but no less than the Court’s minimal jurisdictional requirements, indicating a request for substantial recovery.

Key Arguments and Proceedings

Legal Representation

Plaintiff: Delanna Stahl-Lee

• Counsel for Plaintiff: Eric B. Strongin, Esq.

• Experts for Plaintiff: Kenneth D. Newson | Jeff Hughes

Defendant: Matrix Innovations, LLC, dba COIT Cleaning and Restoration (erroneously sued as Steven Moran Dba Coit Cleaning & Restoration) | Steven Moran, an individual

• Counsel for Defendant: Jean A. Dalmore | Nancy N. Potter

Key Arguments or Remarks by Counsel

Claims

Stahl-Lee brought forth six causes of action against all Defendants.

Breach of Covenant and Contract Claims The homeowner argued COIT breached the implied covenant to perform work in a good and competent manner because the workman failed to use proper materials, sprayed undiluted acidic fluid, and then scrubbed the areas with steel wool. Furthermore, she asserted that COIT breached the written contract by failing to provide quality cleaning services performed in a workmanlike manner. Stahl-Lee also claimed COIT breached the covenant of good faith and fair dealing by failing to act fairly and honor the service agreement.

Negligence and Tort Claims Stahl-Lee contended that COIT was negligent because it owed a duty of care to use proper materials and follow applicable standards for natural stone cleaning, such as the Natural Stone Institute’s rule prohibiting the use of acid or wire brushes. By spraying acid and using steel wool, COIT breached this duty, proximately causing damage to her property and her personal injuries. Finally, she argued that COIT constructively created a nuisance by its careless conduct, which obstructed the free use of her property and interfered with the comfortable enjoyment of life.

Breach of Express Warranty A separate claim rested on the breach of COIT’s express 100% satisfaction warranty. Stahl-Lee asserted that COIT failed to honor this guarantee by refusing to repair the damage, re-clean the property to her satisfaction, refund her, or credit her for a like replacement.

Defense

The Defendants, through their Answer to Complaint, generally and specifically denied every allegation and asserted multiple affirmative defenses.

Fault Allocation The defense first asserted that Stahl-Lee's damages were caused by the carelessness and negligence of third parties, and also that Stahl-Lee herself was negligent and failed to exercise due care for her own protection. They argued that any damages awarded must be reduced in proportion to the fault attributed to those other parties and to Stahl-Lee. The Defendants also maintained that the damages resulted from intervening and superseding causes outside of their control.

Contractual and Notice Defenses the Defendants denied providing any warranties or claimed that any such warranties had expired. They also asserted a lack of privity between Stahl-Lee and the Defendants regarding the warranty claims. Furthermore, they claimed Stahl-Lee failed to give proper notice of any alleged defect and failed to allow the Defendants a reasonable opportunity to cure or repair.

Injury and Damage Defenses The defense argued that the injury to the Plaintiff was not reasonably foreseeable. Most importantly, they claimed Stahl-Lee failed to mitigate her damages, which prevented or diminished any recovery she might seek.

Settlement

Following the pre-trial proceedings and arguments, the parties reached a settlement to resolve the matter outside of a jury verdict. The final settlement amount reached by Delanna Stahl-Lee and the Defendants, Matrix Innovations, LLC, dba COIT Cleaning & Restoration, and Steven Moran, was $375,000. This amount concluded the litigation, though it did not reflect the full financial recovery sought by the Plaintiff for the extensive property and personal injuries she had alleged.

Court documents are available upon request at jurimatic@exlitem.com