On Jan. 18, 2010, at around 9:30 a.m., plaintiffs’ decedent, Devin Storz, 21, a part-time firefighter for the forest service, was asleep at his family’s home on a lot in Pine Mountain, near Fraser Park, in the Los Padres National Forest. Subsequently, during 60-mph winds, a Ponderosa Pine tree located on the lot crashed down onto the home, bringing the house down and killing Storz immediately. The decedent’s parents, Arthur Storz and Antoinette Storz, sued the Pine Mountain Club Property Owners Association Inc. Arthur and Antoinette Storz originally purchased their house and lot from the prior owner in 1993, subject to the rules and regulations of the Pine Mountain Club Property Owners Association Inc. The house was already built on the lot, which also had a number of large pine trees located on it. The decedent’s parents claimed that they had continuously asked the Owners Association for the subject tree to be removed from the lot for 10 years prior to the accident. However, they claimed their request was refused by the Owners Association’s Environmental Control Committee, which had to be consulted regarding environmental factors for the area, because the tree appeared healthy. They also claimed that in July 2009, they asked the control officer for the Environmental Control Committee for permission to take the tree down, but that they were again denied permission because the tree looked healthy. Thus, Arthur and Antoinette Storz claimed that the Owners Association was negligent for not giving them permission to take down the subject tree and for failing to properly inspect the tree, which was actually exhibiting signs of decline. The plaintiffs’ expert arborist opined that the subject tree was declining for five years prior to the subject incident. The Pine Mountain Club Property Owners Association denied the plaintiffs’ allegations that they made any requests to have the tree removed at any time during the 10 years prior to the accident. It also claimed that the Covenants, Conditions and Restrictions required homeowners to maintain and care for trees on their property, as well as hire all experts necessary to maintain and care for the trees. The Owners Association also claimed that the subject tree appeared healthy from the base up and that any root rot was unobservable without exposing the root ball. In addition, it claimed that there was no reason to expose the root ball because the subject tree was not exhibiting any signs of decline. Defense counsel contended that, three years prior to the subject accident, the plaintiffs’ friend, a tree trimmer, warned Arthur and Antoinette Storz that they needed to trim the canopy of the tree. Counsel further contended that the same friend also gave Arthur and Antoinette Storz a bid to remove the tree. The defense’s expert arborist opined that the subject tree was not declining at all, but had root problems because the roots were dead when observed after the accident., Devin Storz sustained multiple as a result of the tree falling and bringing down the house on top of him. As a result, he died immediately after the accident. He was 21, and survived by his parents and an older brother. The decedent’s parents, Arthur and Antoinette Storz, sought recovery of $5 million in wrongful death damages for the death or their son.