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Real Property
Premises Liability
Failure to Maintain

Carlos Barba v. Henrietta Contreras, Hilltop Villas Homeowners Association

Published: Nov. 15, 2001 | Result Date: Jun. 5, 2001 | Filing Date: Jan. 1, 1900 |

Case number: GIC748684 Verdict –  $0

Judge

John S. Meyer

Court

San Diego Superior


Attorneys

Plaintiff

James C. Ashworth
(The Ashworth Law Office)


Defendant

Tyler D. Offenhauser
(Bremer, Whyte, Brown & O'Meara LLP)

Keith G. Bremer
(Bremer, Whyte, Brown & O'Meara LLP)

Marcus Day


Experts

Defendant

Robert S. Griswold CPM
(technical)

Gordon Bizieff
(technical)

Facts

A fire that occurred at the Hilltop Villas Condominiums located in Chula Vista on Nov. 4, 1999. The decedent, a
72-year-old resident of the Hilltop Villas Condominiums, accidentally set his own detached garage on fire
when he fell asleep while smoking in his recliner. The fire spread from the interior of the garage to the wood
shake shingle roof of the garage structure. The fire then jumped to the wood shake shingle roof of the
condominium building located behind the garage. The fire spread across the shake shingle roof of the building,
ultimately reaching plaintiff Carlos BarbaÆs unit.

Damages

The plaintiff alleged that he lost everything in the fire. The plaintiff claimed that the monetary value of the items lost in the home was $150,000, the loss of use of the items was worth $15,000 and that his loss of earnings equaled $4,000. The plaintiff sought a total of $169,000.

Other Information

Trial commenced on May 30, 2001 and concluded on June 5, 2001.

Deliberation

seven hours

Poll

9-3


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