Facts

Plaintiff, BJ Hawkins, made an offer to buy a three-bedroom condominium at the Marina City Club in Marina Del Rey and claimed disclosure documents given to her less than a week before the close of escrow revealed conditions she was unaware of. Plaintiff was allergic to cats and requested an environmental cleaning of the property, which was not performed under the terms of the contract. By the time escrow closed, plaintiff discovered water intrusion and damage, and the homeowners' association allegedly inadequately made repairs and caused additional damage to the premises.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed the disclosure changed the contract to an "as is" sale, and that escrow closed over her objection after she was made aware of conditions she was not aware at the time she made the offer to purchase. She further claimed the condominium owner's association made inadequate repairs and caused additional damage to her property, which the association refused to restore. She further alleged the real estate company negligently employed an agent who allegedly fraudulently violated his fiduciary duty to her. She also claimed the escrow company committed constructive fraud.

DEFENDANTS' CONTENTIONS:
The condominium owner's association claimed it owed no duty to repair plaintiff's unit because the by-laws did not place a duty on the association to repair common areas. This duty was upon the owner of the land, not the association. Plaintiff's damages were for lost use and enjoyment and the association argued that since she already owned a home where she could have resided, her damages should be limited based on her duty to mitigate. The association cross-claimed against the contractors who did the repairs on plaintiff's unit.

Pickford Escrow denied that it breached any duties to plaintiff.

Settlement Discussions

Plaintiff's pre-trial 998 offer to compromise was in the sum of $157,300. Marina City Club's pre-trial 998 offer was in the sum of $15,000.

Damages

The damages claimed were for lost use and enjoyment.

Result

The court granted a nonsuit as to the real estate company, real estate agent and escrow company. Pursuant to a stipulation between the parties for non-suit judgment in exchange for $10,000 with plaintiff preserving her right to appeal on damages excluded by motions in limine. The Marina City Club Condominium Owner's Association was the remaining defendant at trial. A verdict was thereafter entered in the amount of $62,641. Plaintiff filed a notice of appeal regarding multiple pretrial rulings by the trial court. The appeal was dismissed by the Appellate Court for failing to comply with California Rules of Court. Plaintiff's motion for leave to late file a motion for relief from default was returned by the Appellate Court on Aug. 1, 2007.

Other Information

FILING DATE: Dec. 17, 2004.