■ A movie producer, his upstairs neighbor and the general manager of their Santa Monica condominium homeowner’s association were sent home by a Santa Monica Small Claims judge earlier this week to settle their disputes out of court.
Judge Pro Tem Ron Papell avoided rendering a judgment on claims of water damages to producer Daniel Levin’s condominium, saying they should try to work together as responsible and considerate neighbors.
“Simply writing a check does not resolve the problem,” said Judge Papell. “And it is important to me that we try to resolve these issues in an equitable and humane way.”
The three parties, who failed to resolve the case through mediation, have 60 days to negotiate and perform repairs, which Judge Papell deemed “necessary.” If they fail to do so, they must return to court on Sept. 25.
Levin, who purchased his Santa Monica Sea Colony condominium in 1999, alleged two instances of water damage. In October of 2001 misdirected sprinklers sprayed into his master bedroom, damaging the carpet and drapes, Levin said. In May of 2002, water from an improperly connected washing machine two levels above came through the walls, damaging his air conditioner, walls and carpet.
Levin sued the Sea Colony homeowner’s association and his upstairs neighbor, Caitlin Mullin, for $5,000 each, the maximum small claims amount. Judge Papell combined the two cases, allowing him to hear them simultaneously while limiting the total possible judgment to $5,000.
Carol Ford, general manager for Sea Colony’s homeowner’s association, told the court that the position of the sprinklers in relation to Levin’s apartment made it “improbable” that the sprinkler’s had caused any damage.
Mullin, who was new to the complex in May, admitted that the connections on her machine had malfunctioned, but said Levin was difficult to deal with.
“He stated that I owed him $9,000 without papers or anything,” said Mullin. She told the court that an independent contractor had estimated damages at “roughly $1,500.”
Though the judge ruled that some repairs were necessary, he agreed it was unlikely the sprinklers caused damage to the master bedroom. He added that the homeowner’s association ought to foot the bill for repairs to common spaces, such as the walls between condominiums.
“I’m sure the homeowner’s association will hopefully do that,” he said. “I want to continue this to allow the parties to come together and effect a resolution. All three of you seem to be reasonable people, which is not something I usually say about Hollywood producers.”
Originally published in the Santa Monica Daily Press print edition on August 3, 2002. Read the original PDF.