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Oct
2019

Motion for Summary Judgment granted with Attorneys’ Fees Awarded to Client in Ground Water Flooding Case

 General

Los Angeles Superior Court granted motion for summary judgment on behalf of OLG’s clients in an action alleging over $1M in property damage resulting from a flooding incident allegedly caused by a faulty subdrain.

The homeowner Plaintiffs alleged breach of CC&Rs, negligence, and breach of fiduciary duties by a HOA and property manager. The action arose from groundwater flooding into Plaintiffs’ home due to an allegedly defective subdrain. After effective written discovery and depositions, OLG’s motion focused on the fact that (1) Plaintiffs had no competent evidence to support the allegation that a failure of the subdrain system caused water to enter their residence and (2) there was no evidence that any portion of the subdrain ran through the common areas of the HOA. The Court agreed with OLG and granted the motion for summary judgment despite Plaintiffs’ expert declaration which attempted to create a triable issue of fact. As the prevailing party, OLG’s motion for attorney’s fees on behalf of the HOA was also granted by the Court.

Erik Overlid wrote the winning summary judgment motion and the motion to recover clients’ attorney’s fees incurred in defending the action.