Facts

Dona Powell sued Danny Goodkin, Betsy Goodkin, Century Park East Homeowners Association (HOA), and Sloan Flushmate Co., in connection to damages caused by an overflowing toilet.

PLAINTIFF'S CONTENTIONS:
Defendant Goodkin's toilet allegedly overflowed and intruded into plaintiff's apartment, damaging pricey photography and artwork. As such, plaintiff sued the homeowners, Danny and Betsy Goodkin, and the HOA, for negligence. Plaintiff also sued the manufacturer for products liability.

DEFENDANTS' CONTENTIONS:
Defendant HOA denied the allegations and asserted various affirmative defenses. HOA also moved for summary judgment, arguing plaintiff's claims were waived under the parties' CC&Rs, the lack of duty on HOA's part to repair and maintain the toilet supply line, HOA's lack of any duty to mitigate damages, and in light of a release plaintiff signed in connection with a settlement agreement.

Result

The trial court granted summary judgment in favor of the HOA.

Other Information

FILING DATE: Aug. 11, 2014.