According to Toll Brothers…According to Toll Brothers…

““When you choose Toll Brothers, you're When you choose Toll Brothers, you're choosing our unwavering commitment to quality choosing our unwavering commitment to quality and customer service.”and customer service.”

““Our ultimate goal is for you to move into a home Our ultimate goal is for you to move into a home built to the highest standards.”built to the highest standards.”

““Each Toll Brothers home offers a combination of Each Toll Brothers home offers a combination of quality materials and superior design…” quality materials and superior design…”

The Villas at Dublin The Villas at Dublin Ranch, Building 13Ranch, Building 13

Dec. 5, 2005 Dec. 5, 2005 Email to Email to Mark Evans Mark Evans Complaining Complaining of wet of wet conditions conditions and and materials.materials.

Reply from Reply from Mr. Evans Mr. Evans cc’ing other cc’ing other Toll Brothers Toll Brothers employees- employees- R. Lagorio & R. Lagorio & Wayne King.Wayne King.

Dec. 5, 2005 Dec. 5, 2005 Email to Email to Mark Evans Mark Evans Complaining Complaining of wet of wet conditions conditions and and materials.materials.

Reply from Reply from Mr. Evan Mr. Evan cc’ing other cc’ing other Toll Brothers Toll Brothers employees- employees- R. Lagorio & R. Lagorio & Wayne King.Wayne King.

Received by Mark Evans:

“I’m writing as a result of the recent rains. Tar paper has not been layed for the roof, yet material that can be damaged by the water has been staged into the building…”

“[electrical wiring] is being installed under wet conditions which is contrary to what I had heard previously.”

January 7, 2006- Water soaked drywall continued to be January 7, 2006- Water soaked drywall continued to be staged inside Bldg. 13 over a month after this issue staged inside Bldg. 13 over a month after this issue was brought to Toll Brothers’ attention.was brought to Toll Brothers’ attention.

January 7, 2006- Standing water, soaked framing January 7, 2006- Standing water, soaked framing and insulation inside Building 13.and insulation inside Building 13.

Jan. 7, 2006Jan. 7, 2006

This picture This picture clearly showsclearly shows

Water soaked Water soaked OSB flooring,OSB flooring,

Soaked framing Soaked framing materials, andmaterials, and

Mold on framing Mold on framing materialsmaterials

inside Building inside Building 13.13.

Jan. 30, 2006Jan. 30, 2006

Construction at Construction at Building 13 Building 13 continues:continues:

Standing waterStanding water Soaked framing Soaked framing

at top and at top and bottombottom

Mold on framing Mold on framing materials.materials.

February 5, 2006- Staged drywall clearly mold February 5, 2006- Staged drywall clearly mold infested inside Building 13 two months later.infested inside Building 13 two months later.

February 5, 2006- As built framing material February 5, 2006- As built framing material containing mold on center island inside Building 13. containing mold on center island inside Building 13.

Mar. 5, 2006Mar. 5, 2006

Construction Construction continues, more continues, more drywall and drywall and insulation insulation presentpresent

Water soaked Water soaked framing framing Standing water Standing water

present inside present inside Building 13.Building 13.

March 26, 2006- Construction continues and you March 26, 2006- Construction continues and you can see that standing water is still present in can see that standing water is still present in Building 13 even after drywall completeBuilding 13 even after drywall complete

Title 7 Does not applyTitle 7 Does not apply

Civil Code Section 943- “…this Civil Code Section 943- “…this title does not apply to any action title does not apply to any action by a claimant to enforce a by a claimant to enforce a contract or express contractual contract or express contractual provision, or any action for fraud, provision, or any action for fraud, personal injury, or violation of a personal injury, or violation of a statute.”statute.”

Grounds for RescissionGrounds for Rescission

Civil Code Section 1689(b)(1)- “If Civil Code Section 1689(b)(1)- “If consent… was given by consent… was given by MISTAKE… or obtained through MISTAKE… or obtained through duress, menace, FRAUD, or duress, menace, FRAUD, or undue influence…”undue influence…”

Civil Code Section 1577- Mutual Civil Code Section 1577- Mutual Mistake of FactMistake of Fact