Residents of Westwind Estates Mobilehome Park Settle Lawsuit Against Park Owner

Posted By Ask Law Group || 3-Aug-2015

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.”

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