MOORPARK : Homeowners Sue Over Sinking Houses

Eight homeowners who allege that their new Moorpark tract houses are cracking and sinking have filed suit against the developer, six subcontractors and two couples who sold two of the homes, asking that the houses be fixed or that the owners be compensated for their losses.

The homes on Fern Valley Court, a cul-de-sac in the 67-unit Design Edition tract, have been experiencing severe foundation and structural cracks and indications of soil instability beneath their property, the homeowners’ attorney said.

“You can see that the homes are slowly crumbling just as if they were in the center of the San Francisco earthquake,” said attorney Robert W. Schroeder.

The suit, filed Wednesday, names the tract’s developer, Calprop Corp., subcontractors Dreyer & Young Inc., MJD Construction, Gorian & Associates Inc., Earl R. Morley Jr., R&H; Paving Inc. and Con-tech, and Stephen and Vicky Oglesby and William and Carol Giragos.

In October, the homeowners began noticing cracks in the foundations, floor tiles and ceilings and separation of wall seams. Some of the homes have sunk as much as six inches.

Calprop failed to respond in a timely manner to numerous requests by the homeowners that their land be tested and that their homes be repaired, Schroeder said.

Geolabs, a Westlake-based geology company hired by Calprop to test the soil, reported in March that the ground contained a high degree of water. However, it did not indicate the cause of the sinking and Calprop has not offered to begin repairing houses, Schroeder said.

“We cannot wait any longer,” Schroeder said. “Now, unfortunately, we have to seek the assistance of the judicial system to get the matter resolved.”

Although the suit does not list a monetary amount, it asks that the homeowners be compensated for court costs, the difference between the purchase price and fair market value of the houses and additional damages, including costs to repair the houses, lost profits, loss of use of property and mortgage payments.

Some homeowners have said they paid about $170,000 for their homes in 1987.