1022 10th Street HOA, represented by the Adams Stirling law firm appealed from a judgment obtained by attorneys Eric Strongin and Sheyanne Bane before the Los Angeles County Superior Court. The Honorable Judge Mitchell L. Beckloff presided over the trial. The Court of Appeal affirmed the judgment on July 2, 2019. Read the Appellate Court’s full opinion here: Appeal – OPINION B288063 After Gill Longmire’s condominium unit suffered water intrusion-related damage from leaks originating in the common area, she sued her homeowners’ association, 1022 10th Street, Inc. (HOA). As part of an August 2012 settlement agreement, HOA agreed to make repairs to the common areas, and Longmire released any claims against HOA predating the agreement. More than two years later, HOA still had not made the promised repairs. Longmire sued HOA again, this time for breach of the settlement agreement, negligence, and breach of fiduciary duty after mold growth in her unit made her increasingly sick. A jury awarded her $308,150 in damages, and after interest and costs were added, that number climbed to $430,000. The HOA dragged Longmire through an appeal that lasted 1 1/2 years. HOA now appeals. It does not contest the breach of its contractual, fiduciary, and duty of care obligations to Longmire. Instead, it argues Longmire introduced no evidence HOA’s post-August 2012 conduct caused her damage. In particular, HOA posits all the damages incurred by Longmire preexisted the 2012 settlement agreement, and therefore were subject to the general release in that agreement. As substantial evidence supports the jury’s finding that post-August 2012 breaches caused Longmire damage, we reject HOA’s argument and affirm.
July 2, 2019, Attorney Eric Strongin wins before the California Court of Appeal after favorable verdict on behalf of homeowner against HOA
by Strongin | Burger, LLP | Jul 10, 2019 | Results