Condominium damage dispute heads to higher court
A small claims lawsuit concerning water damages to a Santa Monica condominium was transferred to Superior Court last week, following two hearings and a failed mediation effort.
Condo owner David Levin earlier this year sued upstairs neighbor Kaitlin Mullin and Carol Ford, president of the building’s homeowners’ association.
Each suit was for $5,000 in damages. In the first case, Levin alleged that Mullin’s washing machine malfunctioned, sending water into his apartment that damaged his walls and carpeting.
Levin’s complaint against the homeowners’ association pertained to a sprinkler he said sprayed into his apartment, damaging another area of the carpet. The damages occurred when his unit was being rented to a tenant.
Both defendants said they tried unsuccessfully to repair the damages to Levin’s property, though Ford said the position of the sprinklers made it “improbable” they had caused any damage to his carpet.
The lawsuit first went to trial in July, but Santa Monica Superior Court Judge Pro Tem Ron Papell sent the parties home, saying they seemed like “reasonable people” and asked them to settle the dispute out of court.
Judge Papell also combined the two lawsuits, limiting Levin’s total recovery to $5,000, the maximum allowable amount in small claims court.
When the three parties were unable to reach an agreement by the set date, they returned to court last week, per Judge Papell’s instructions.
Levin told Santa Monica Superior Court Judge Pro Tem Denise Parga he was “very unhappy with the lack of respect shown by the other side” and asked that the case be transferred to Superior Court.
Legal representation is not allowed in small claims court, but Levin’s attorney had accompanied him to the trial. He eventually stood and approached the bench.
“Excuse me, your honor?” he interrupted. “Not in a representational way or anything, but these people really ought to meet with a mediator.”
Judge Parga was agitated by the distraction. “You do not have a right to speak here,” she said. The parties did later agree to mediate, though they left the courthouse without reaching a resolution.
Santa Monica’s limited jurisdiction superior court can award up to $25,000 in damages. Levin said he now believes his damages may surpass $10,000.
“Nobody’s disputing that he was damaged,” Ford said. “But he won’t let anybody in the unit to make repairs.”
Originally published in the Santa Monica Daily Press print edition on September 30, 2002. Read the original PDF.