Defendant says Candy Spelling got the best system
The air conditioning system in a Malibu beach house belonging to one of network television’s most renowned producers is at the heart of a $500,000 lawsuit that went to trial here Wednesday.
The tiff over repairs to Aaron and Candy Spellings’ La Costa Beach home ballooned after it began in a Burbank small claims courtroom two years ago with a claim against them for back pay.
Aaron Spelling is a legendary producer in an age when network television was king and was barely challenged by cable channel offerings. He is credited with “The Love Boat,” “Charlie’s Angels,” “Dynasty” and “Beverly Hills 90210.”
At the small claims hearing, project engineer Mel Bilow claimed he was due $6,000. But the small claims judge declined to rule after the Spellings said they intended to file a lawsuit in Los Angeles Superior Court.
Candy Spelling is asking a Santa Monica jury to award her $225,000 for the restructuring of the heating and air conditioning system in the home. She’s also asking for lost rental income for each of the four months the repairs kept the Spellings out of their 9,000-square-foot second home. The beach residence goes for up to $75,000 monthly, the complaint states.
Lawyers for Spelling alleged in their opening arguments that contractors failed to protect the air ducts underneath the home from the sand and surf below, forcing Spelling to rip up portions of a newly-finished remodel to redo the air system.
But defense lawyers argued that Spelling simply decided she wanted a more powerful air system, and is now trying to pin the bill on contractors by saying the original design was flawed.
They claim the work was performed exactly as promised, and met the highest standards in the industry. The duct material was of high quality and specifically designed for exposure to sand and surf, argued attorney Robert Stellwagen.
“There’s nothing wrong with this duct,” he argued. “They pulled out something that wasn’t broken.”
Named in the lawsuit are Bilow, the owner’s representative John Flynn and contractors Grand Heating and Electric and Fort Hill Construction.
Architect Art Torres settled with the Spellings out of court before the trial. The other parties made a collective settlement offer of $150,000 that Spelling refused, according to lawyers.
Robert Chapman, Spelling’s attorney, told jurors the workers were contractually bound to deliver.
“If it wasn’t the best, it was a breach,” he said. “Not only is this placement of the duct not work the best, it’s bad.”
The trial, which will include expert witness testimony, is expected to last about a week.
Throughout opening statements, Candy Spelling sat rigidly in the rear of the courtroom. At lunch and during breaks, she stood poker-faced, as jurors filed in and out of the courtroom.
The Spellings have attracted notice for some larger-than-life properties. The family’s primary residence, a 55,000-square-foot Beverly Hills estate called “The Manor,” is reported to have its own gift-wrapping room as well as closets that easily dwarf an average Santa Monica apartment.
Their Malibu beach home is no exception. The 1997 remodel was part of an expansion that included the property next door, which was acquired in 1995. The Spellings have owned the original property since 1974.
Attorneys for the defendants said the beach home, where the Spellings spend an average of 14 days each year, boasts a security room and a film screening room, and has 10 distinct climate areas.
“A lot of beach houses don’t even have air conditioning. They just open the windows,” said attorney Stellwagen. “But this house had a lot of special needs.”
Originally published in the Santa Monica Daily Press print edition on October 25, 2002. Read the original PDF.