CASE: Aguilar, et al, v. Westwind Mobile Home Park, LLC
Yolo County Superior Court Case No. CV09-1604
The residents of Westwind Estates knew there was a problem with the park’s
drainage but could not convince the park management or the State Department
of Housing and Community Development (HCD) to fix the park’s drainage.
Every winter after a heavy rain, water would pond under their homes. The
water remained under their homes until the summer heat would evaporate
the water. As a result of this water the residents’ wooden skirtings,
sidings, and subfloors were rotting at an alarming rate. When the residents
complained about the ponding water and damage to their homes, the management
refused to correct the drainage stating it was not their responsibility.
The residents organized and hired the San Diego law firm of Endeman, Lincoln,
Turek & Heater, LLP to represent them. “The first thing I noticed
when I entered the park was all the damage done to the homes. There was
dry rot throughout the park,” said attorney James Allen. “Our
investigation showed that when the park was built, it was improperly graded
causing the water to flow underneath residents’ homes. Further,
the current owner of the park was also the developer of the park.”
“The residents had very good case; however, many of the residents
were afraid. One of the biggest challenges in the case was for the residents
to overcome their fear and assert their rights. Once we started trial
it was clear the residents were going to win,” said Allen. The defense,
reaching the same conclusion, agreed to settle the case and pay for the
damages shown at trial in October 2012.
“The amount of the settlement is confidential,” said Allen.
“However it was a very large sum of money.”