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Real Property
Breach of Fiduciary Duty
Negligent Maintenance

George Ajrab v. Jeaneane Homeowners Association

Published: Jul. 9, 2005 | Result Date: Apr. 8, 2005 | Filing Date: Jan. 1, 1900 |

Case number: BC316409 Bench Decision –  $0

Judge

Phrasel L. Shelton

Court

L.A. Superior


Attorneys

Plaintiff

John H. Lohman


Defendant

Josephine N. Baurac
(Hanger, Steinberg, Shapiro & Ash)


Facts

The plaintiff George Ajrab filed suit against the defendant for damages sustained to an apartment that he manages in the defendant's building, located at 333 Linden Avenue in Long Beach. The plaintiff alleged that the defendant was negligent and breached its duty of care by allowing water to leak through common areas into the plaintiff's unit (number 6), which caused water damage and mold. The plaintiff also claimed that the defendant breached its fiduciary duty by failing to provide him enough information with which to file a claim with the defendant's insurance carrier. The defendant contended that the water originated from apartment number 19, the apartment directly above number 6, which was also managed by the plaintiff. Since the water did not originate from a common area, the defendant denied liability for the water damage. Further, the defendant contended that it had provided the plaintiff information on the insurance carrier.

Settlement Discussions

The plaintiff demanded $70,000. The defendant made a statutory offer to compromise for waiver of costs.

Other Information

After the plaintiff rested, the court granted a directed verdict for the defense on the plaintiff's breach of fiduciary duty claim. Then, after the defendant rested its case, the court found for the defense on the remaining negligence claim.


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