Resume of John E. Altstadt

Real Estate and Construction

Summary of Qualifications

John E. Altstadt specializes in assisting attorneys and their clients in summarizing economic, financial and accounting data related to litigation matters and providing expert testimony. Mr. Altstadt has practiced in the fields of accounting and consulting for over forty years. During that period, he has specialized in providing services to the real estate and construction industries.  Mr Altstadt has provided a variety of services audit, review and compilations; corporate and individual tax planning and compliance work; and various consulting engagements such as buy/sell analysis and loan restructuring. In the specialized practice area of dispute consulting, Mr. Altstadt has provided a variety of services including expert witness testimony, damage assessment and evaluation, forensic accounting,  fraud investigations, lost profits and lost earnings analysis, liability analysis and pre-trial discovery assistance.

Experience

May 1998 to Present - Co-Owner - Altstadt Consulting

May 1998 to June 2006 - Co-Founder and Partner - Lit.Econ LLP

October 1996 to May 1998 - Senior Manager, Dispute Consulting Services, Deloitte & Touche LLP, Costa Mesa, California

May 1995 to October 1996 - Senior Manager, Dispute Analysis and Corporate Recovery, Price Waterhouse LLP, Costa Mesa, California

August 1986 to May 1995 - Various managerial positions in the audit and litigation services groups of KPMG Peat Marwick, Costa Mesa, California

June 1980 to August 1986 - Various staff positions, Parke, Guptill & Co., C.P.A.s, Newport Beach and West Covina, California

Education

Bachelor of Arts degree in Business Administration with an emphasis in accounting, California State University, Fullerton, June 1980

Volunteer Experience

President, Constitutional Rights Foundation of Orange County                                 Treasurer, Public Law Center of Orange County                                                        Committee Chair, Orange County Bar Association                                                     President, Supporting Cast of South Coast Repertory Theater                                  Board Member, Center 500 of Orange County Performing Arts Center

Memberships

Association of Business Trial Lawyers - Associate Member                                        Orange County Trial Lawyers - Associate Member

SelectedTestimony

Stanley Bloom v. Huntington Beach Development Agency (Jack Fleming - Arter & Hadden) Mr. Altstadt provided an expert deposition in a AAA arbitration on behalf of the defendant in a breach of contract matter. Analysis included addressing potential costs of development on Huntington Beach pier.

Eiko Uyeda v. KJI, Inc. et al. (Thomas Borchard - Borchard & Baur) Mr. Altstadt testified as an expert witness in Superior Court (Santa Ana, California) on behalf of the plaintiff in a breach of fiduciary duty matter. Analysis included assessing profit from custom home construction.

Prime Time Companies, Inc. v. Arlington Avenue Church of the Nazarene (Steven Fink - Daehnke & Cruz) Mr. Altstadt testified as an expert witness before an AAA arbitrator on behalf of the plaintiff in a breach of contract matter. Analysis included evaluating additional costs from delays and alleged defective construction.

Thomas Tooma v. Charles House, et al. (Ralph Blakeney - Pillsbury Winthrop Shaw Pittman) Mr. Altstadt provided an expert deposition in Superior Court (San Bernardino, California) on behalf of the plaintiff in a breach of fiduciary duty matter. Analysis included evaluating costs of a development in San Bernardino County and allegations of alter ego between partners.

CLP Resources v. ConWest Construction (John Samberg - Bisno, Samberg & Mulvaney) Mr. Altstadt provided an expert deposition in Superior Court (Phoenix, Arizona) on behalf of the plaintiff in a breach of contract matter. Analysis included assessing the rates and charges from an outside source provider to a large Phoenix construction company for various types of skilled workers.

ECCO Equipment Corp. v. Central Valley Construction, Inc. (Jack Fleming – Musick, Peeler & Garrett) Mr. Altstadt provided a Rule 26 expert report in United States District Court (Los Angeles) on behalf of the cross-complainants in a breach of contract matter. Analysis included amounts owed under a subcontract and assessment of commingling of funds and alter ego issues.

David Jackson v. Trans Union Company (Donald Bradley – Musick, Peeler & Garrett) Mr. Altstadt provided a Rule 26 expert report in United States District Court (Oregon) on behalf of the defendant in a breach of contract case involving loss of a line of credit by a commercial tile supplier.

In Re: IRMO Feldman (Various) Mr. Altstadt acted as the court appointed third party appraiser in a divorce matter in San Diego County. The project included the valuation of several real estate properties including commercial office buildings, raw land, residential properties, a marina and a golf course. Mr. Altstadt provided testimony in San Diego Family Court.

Powerhouse Motorsports v. Yamaha Motor Corporation (Maurice Sanchez - Baker Hostetler) Mr. Altstadt testified in Superior Court (Paso Robles) for the defendant in a breach of contract matter. 


Todd Construction Services, Inc. v. Bake R Us (Richard Soll - Mahoney & Soll) Mr. Altstadt provided an expert deposition in a Superior Court action (Los Angeles) for the defendant in a breach of contract matter related to damages suffered from alleged construction defects.


Ocean Mission Park v. Taheripour, et al. (Matthew Rips - Russ, August & Kabat) Mr. Altstadt testified in Superior Court (Los Angeles) on behalf of the plaintiff in a breach of contract matter.  Analysis included the assessment of the financial and operational history of six automotive franchises in the Greater Los Angeles area.

Selected Consulting Engagements

In Re: State of Arizona (Arizona State Attorney General's Office) Mr. Altstadt led the project to analyze cost overruns at the development of the first nuclear waste facility in the State of Arizona.

McDowell v. Lemont Financial (Tom Newmeyer - Newmeyer & Dillion) Mr. Altstadt critiqued the cost claim of a grading contractor related to a single family residential development in San Diego County.

MacPherson Properties v. Rang's Automotive (Jim Ferruzzo - Ferruzzo & Ferruzzo) Mr. Altstadt quantified the cost overruns from defective work at construction of an automobile dealership.

M.J. Brock & Sons v. J.P. Rhodes Development (Andra Greene - Irell & Manella) Mr. Altstadt quantified the lost value of a residential housing development due to the inability to build because of soil conditions.

Geoff Fearns v. Baldwin Builders (Ralph Blakeney - Pillsbury Madison & Sutro) Mr. Altstadt quantified the damages suffered by one of three executives of Baldwin Builders from the loss of compensation resulting from profits of three large residential projects.

Urbatech Development v. the City of Whittier Redevelopment Agency (John Condas - Jackson DeMarco) Mr. Altstadt quantified the damages suffered by a contractor resulting in changes in the tax laws by the city.

California Pizza Kitchen v. R.D. Olson & Co. (Gibson, Dunn & Crutcher) Mr. Altstadt analyzed the owner's allegations of improper allocation of costs by the developer to the construction of over 30 restaurants.

In Re: Solemint Heights (Paul, Hastings, Janofsky & Walker) Mr. Altstadt evaluated the financial, economic and market assumptions made by the debtor in bankruptcy related to an apartment complex in Santa Clarita, California.

Kajima Engineering v. Various Defendants (Randall Erikson - Crowell & Moring) Mr. Altstadt analyzed the costs charged to the project to retrofit several prisons in California.

Garcia Masonry v. Kajima Engineering (Randall Erickson - Crowell & Moring) Mr. Altstadt analyzed and critiqued the damage claims of a subcontractor against the general contractor in a prison retrofit.

Viera, et al. v. Ward, et al. (Theodore Wallace - Rutan & Tucker) Mr. Altstadt analyzed the financial accounting, rehabilitation costs and operations of two Orange County apartment complexes on behalf of the defendant in a breach of fiduciary duty matter. An expert report was provided.

In Re: Ted Shelton & Associates LLC (William H. Brownstein – Brownstein & Associates) Mr. Altstadt analyzed loan balances and interest reserves on a promissory note for a commercial property owner in bankruptcy.

Nevada Atlantic Corporation v. WREC Lido Venture (Todd Green - Green LLP) Mr. Altstadt analyzed the causation and damage issues of a restaurant owner in a breach of written lease agreement.

Armen Melkonians v. Porsche Financial Services (Kevin Colton - Baker Hostetler) Mr. Altstadt provided consulting services to the defendant in a Superior Court (Los Angeles) action in a business interference matter. Services included analyzing construction costs and evaluating the sales market of a $5 million home in Bel Air, CA.

Mills v. Reeves (Eoin Kreditor - Friedman, Stroffe & Gerard) Mr. Altstadt provided consulting services to the defendant in a Superior Court (Santa Ana) action in a breach of contract matter. Services included a complete accounting of construction costs and evaluating the sales market and ultimate sales price of a $8 million spec home in Shady Canyon, CA.

Amerivest Equities v. Ticor Title Company, et al. (Eoin Kreditor - Friedman, Stroffe & Gerard) Mr. Altstadt provided consulting services to the plaintiff in a Superior Court (Santa Ana) action in a breach of contract matter. Services included evaluating the sales market and ultimate degradation of the sales price of a duplex project in Corona Del Mar, CA.

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