Darrell Cederlind, Marianne Cederlind v. Whites Canyon Homeowners Association
Published: Sep. 6, 2001 | Result Date: Feb. 7, 2001 | Filing Date: Jan. 1, 1900 |Case number: PC022132 Verdict – $0
Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Frank W. Nemecek
(Nemecek & Cole)
Defendant
Nancy P. Doumanian
(Doumanian & Associates)
Facts
This lawsuit stemmed from the defendant Whites Canyon Homeowners Association and Bartlein & CompanyÆs
alleged failure to maintain a natural slope located at the rear of the plaintiffsÆ residence in Canyon County.
The plaintiffs also alleged that the defendants had created a nuisance upon the plaintiffsÆ property in that there
was mud and debris overflow onto the plaintiffsÆ property with each occasion of rainfall or inclement weather.
The plaintiffs had previously submitted an identical claim to the defendants which was settled. As part of the
settlement of the prior related claim, a letter agreement was made between the parties which set forth the terms
of a compromise.
Among the included terms was the construction of a retaining wall and swale at the rear of the plaintiffsÆ
property to protect against mud and debris overflow. Additionally, the defendants were required to generally
maintain the slope in question. The plaintiffs believed that the defendants had not met their obligations as set
forth in the letter agreement and thus filed a Municipal Court action which preceded the pending action.
Following the settlement of the prior related lawsuit, the plaintiffs perceived that the
Association had failed to fulfill its obligations pursuant to the letter agreement and the lawsuit
ensued.
Other Information
The defendantsÆ motion for costs and attorney fees, pursuant to Civil Code Section 1354(f) was heard on April 12, 2001. The court granted the motion and permitted the defendants to recover costs and attorney fees in the amount of $62,963.66. The plaintiffs have filed a notice of appeal.
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