Case details

Property owners and manager denied notice of septic tank issues

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
asthmpulmonary, pulmonary, respiratory, restrictive lung disease
FACTS
On March 28, 2011, plaintiffs Rhonda Buchanan, 49, a teacher; her daughter, Kali Buchanan, 24, a barista; and Sandra Hoon, 65, a retired nurse, discovered that their leased home in Wildomar had become flooded with 6-inches of raw sewage due to a septic line that had backed up. They also claimed that when they moved into the home, it was unfit for human habitation and that there were numerous other water intrusions following the septic flood, causing them to be exposed to even more toxic mold. The claimed that this condition persisted until they left in August 2011. Rhonda Buchanan, Kali Buchanan (individually and as guardian ad litem for Carter Cafaro, a minor), Sandra Hoon, and other tenants sued several individual and corporate entities that they believed owned and managed the properties. Several of the plaintiff’s settled out and several defendants were let out of the case. Thus, the matter went to trial with the claims of Rhonda Buchanan, Kali Buchanan and Sandra Hoon against the actual owners of the property, Twin Rock Partners and TRP Fund I LLC, and the actual property manager, Twin Advantage Inc. Rhonda Buchanan, Kali Buchanan and Sandra Hoon claimed that when they moved into the subject property, certain rooms were exposed to the elements and the home was filled with cockroaches, mites, mold, mildew, and live wires. They claimed that the property also suffered a septic flood, causing them to be exposed to toxic mold, and that after the flood, there were numerous other water intrusions until they left in August 2011. They claimed that as a result, the home they leased was unfit for human habitation. Thus, plaintiffs’ counsel contended that the actions of Twin Rock Partners, TRP Fund I LLC, and Twin Advantage Inc. constituted a breach of contract, a breach of implied warranty of habitability, negligence per se, a nuisance, and violations of the Business & Professions Code § 17200 (unfair competition). Defense counsel argued that the plaintiffs were setting up a lawsuit from the beginning and that the sewage spill was an unfortunate accident. Counsel also argued that Twin Rock Partners, TRP Fund, and Twin Advantage had no notice of an issue with the septic tank prior to the sewage spill and that if the plaintiffs were so unhappy, they should have simply moved out of the home., Rhonda Buchanan, Kali Buchanan and Sandra Hoon claimed that there were numerous water intrusions that caused them to be exposed to toxic mold. They also claimed that following the septic flood, they were exposed to even more toxic mold, causing permanent disabilities, extensive hospital visits, and ruined lives. Rhonda Buchanan claimed that the mold exposure caused her to develop reactive airway disease, as well as caused her to become hypersensitive to allergens. Kali Buchanan and Sandra Hoon both claimed that the mold exposure caused them to develop asthma. The plaintiffs all underwent treatment with allergists and asthma doctors. Thus, they sought recovery of medical costs, lost earnings for the rest of their lives, lost personal property, and punitive damages. Defense counsel argued that there was no causal connection between the plaintiffs’ alleged medical conditions and their occupancy in the subject home. Counsel also argued that each of the medical conditions alleged by the plaintiffs were the result of pre-existing medical issues.
COURT
Superior Court of Riverside County, Riverside, CA

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