Landslide damage in California home. What happened next?

Have you ever felt the stress of property issues post-purchase in California due to non-disclosure? You’re not alone; many face similar challenges because of lapses in city duties. Understanding the law is crucial for navigating these issues. This article explores the Haggis v. City of Los Angeles case to demonstrate potential legal solutions.

Case No. S074364 Situation

Specific Situation

In California, a person bought a house on a coastal bluff in Pacific Palisades. The house seemed perfect at first. The buyer did not see any problems when they looked around, and the papers about the house didn’t mention any issues either. But there was a big problem hidden beneath the surface. The ground under the house was not stable. This meant it could slide or collapse, especially during something like an earthquake. The City of Los Angeles should have recorded a special note, called a certificate of substandard condition, to warn about this issue. However, they didn’t. Everything seemed fine until a big earthquake, known as the Northridge earthquake, happened. This earthquake caused the land to slide massively, damaging the house badly.

Plaintiff’s Claim

The person who bought the house was very upset. They said that the City of Los Angeles should have warned them about the unstable ground. If the city had done its job and recorded the notice about the land being unstable, the buyer would have known about the risk. Knowing this, they might have decided not to buy the house. Because of the landslide, the buyer faced lots of stress and lost a lot of money. They believed it was the city’s fault for not sharing important information.

Defendant’s Argument

The City of Los Angeles disagreed. They said they were protected by certain government rules, which meant they couldn’t be blamed for this problem. The city argued that there were no strict rules that forced them to record that specific kind of warning about the property. Also, they said too much time had passed since the house was built, making it too late for the buyer to complain about this issue.

Judgment Outcome

The court decided in favor of the City of Los Angeles. The court said that the city did not break any mandatory rules because the rules in question were not clear enough to require specific actions from the city. Also, the court mentioned something called inspection immunity. This means that if the city fails to inspect something or does a poor inspection, they cannot be held responsible. In the end, the buyer’s case was not successful, and the city did not have to pay for the damages to the property. (California No. S074364)

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Resolution Methods

Immediate Actions

If you ever find yourself in a similar situation, the first thing you should do is gather all the information about your property and the issues you’re facing. Take pictures, keep all documents, and write down everything that has happened. This will help you if you need to talk to officials or if you decide to go to court. Next, contact a lawyer who knows about property laws. They can help you understand your rights and what steps you should take.

Filing a Lawsuit

When you decide to file a lawsuit, your lawyer will help you prepare all the necessary documents. This includes a complaint that explains what happened and why you believe the city or another party is responsible. After filing the complaint with the court, the other side will get a chance to respond. Your lawyer will guide you through the entire process, which can be long and complicated. It’s important to have someone experienced with you to make sure everything is done correctly.

Negotiation and Settlement

Sometimes, it’s better to settle the issue outside of court. This means you and the city might agree on a solution without a judge deciding. Your lawyer can help you negotiate with the city. This might involve the city paying for some of the damages or fixing the problem. Settling can save time and money, and it’s often less stressful than a court case. If both sides agree, you won’t need to go to trial, and the issue could be resolved faster.

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FAQ

What is a mandatory duty?

A mandatory duty is something that the law says a city or government must do. There is no choice involved; they have to do it because the law requires it.

What is inspection immunity?

Inspection immunity means that a government cannot be blamed for not inspecting something properly or for choosing not to inspect it at all. This protection helps them avoid being sued too easily.

What does “substandard condition” mean?

A substandard condition means that a property is not safe or doesn’t meet certain legal requirements. It could be because the building is too weak, or the land is not stable.

When is an ordinance considered discretionary?

An ordinance is discretionary when it allows the city to decide whether or not to take action. This means they can use their own judgment rather than being forced to act.

What is Government Code §815.6?

Government Code §815.6 is a law that says a city can be held responsible if they fail to do something they are required to do, and this failure causes harm.

What is Government Code §818.6?

This code provides protection to cities from being sued over inspections. It means they aren’t responsible if they miss something during an inspection or if they decide not to inspect.

What is Municipal Code §91.0308(d)?

Municipal Code §91.0308(d) requires that if a property is found to be unstable, the city must record this information officially. This helps inform current and future owners about the risks.

What is a landslide zone?

A landslide zone is an area where the ground is likely to slide due to natural causes like rain or earthquakes. Such areas often need special rules to keep people safe.

What are damages?

Damages are money paid to someone who has been hurt or had their property damaged. This money is meant to help fix the problems caused by someone else’s actions or negligence.

What is a demurrer?

A demurrer is a legal way to say that even if everything in a complaint is true, it still doesn’t add up to a legal problem. It’s like saying, “This isn’t actually against the law.”

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