Facts

On March 12, 2012, defendant Brian Shields Plumbing installed copper piping in a storage room at defendant Villas del Rey Condominiums Community Association's condominiums where plaintiff Kaveh Roshan resides. The piping ran above plaintiff's storage unit. On Nov. 2, 2012, defendant Association discovered flooding had occurred in the storage room. The water was coming from the copper pipe installed by the plumber earlier that year.

Villas del Rey Condominiums Community Association filed a cross-complaint against plaintiff relating to a hole plaintiff cut into an exterior common area wall of Villas Del Rey Condominiums Community Association.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the pipe failed due to faulty installations, specifically that the install was not code conforming as it was installed without the necessary number of hangers to support the piping. Plaintiff asserted causes of action for negligence.

On the cross-complaint, plaintiff contended that the Homeowners Association wrongfully and maliciously disciplined him for cutting a hole into the common area wall. Plaintiff contended that he was given permission by a previous board of directors in 2006 to cut a hole into the exterior wall. Plaintiff alleged breach of the covenants, conditions & restrictions and for breach of fiduciary duty.

DEFENDANTS' CONTENTIONS:
Defendants determined that the copper pipe had actually been cut cleanly by what appeared to be a roll-type cutter leaving the pipe severed directly above plaintiff's storage cage. Due to the location of the severed portion of the pipe, it was clear that the pipe was cut from the inside of plaintiff's storage cage. Defendants had no access to plaintiff's storage cage, which was locked and secure at the time with no visible signs of forced entry.

Defendants admitted the installation fell below the standard of care and lacked the necessary hanger, but alleged that the loss occurred as a result of an intentional cutting of the pipe and bending the pipe toward the computer servers.

CROSS-COMPLAINANT'S

Settlement Discussions

The lowest demand ever made by plaintiff was $500,000. Defendant Association made a CCP 998 offer in the amount of $50,000. Brian Shields Plumbing served a CCP 998 for waiver of costs.

Damages

Plaintiff claimed that water loss completely destroyed 40 military grade servers valued at $500,000.

Result

The jury found in favor of all defendants on all claims and causes of action. The court issued a permanent injunction against plaintiff ordering him to restore his condominium unit and to cease harassment of the board of directors.

Other Information

Two of the board of director defendants were dismissed pursuant to a motion for nonsuit after plaintiff rested his case in chief. FILING DATE: Oct. 31, 2014.