Sands v. Walnut Gardens Condominium Assn.

Filed 5/13/19 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

DAVID SANDS et al., B282241

Plaintiffs and Appellants, Los Angeles County Super. Ct. No. BC538040 v.

WALNUT GARDENS CONDOMINIUM ASSOCIATION INC.,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Frank J. Johnson, Judge. Affirmed in part, reversed in part, and remanded. Law Office of Jeff A. Lesser and Jeff A. Lesser, for Plaintiffs and Appellants. Slaughter, Reagan & Cole, Barry J. Reagan and Gabriele M. Lashly, for Defendant and Respondent. __________________________

This case is about whether condominium owners can make their homeowners association pay for a water leak. Monique Sands and her parents sued and went to trial against the Walnut Gardens Condominium Association, Inc. and its property manager for breach of contract and negligence. The trial court granted a nonsuit. The Sandses settled with the property manager but have appealed against the association. The Sandses argue the trial court erred by granting the nonsuit, by excluding certain evidence, and by denying their motion for a new trial. We reverse and remand the contract nonsuit and affirm the tort nonsuit. We do not reach other issues. I We summarize the facts. When reviewing a nonsuit, we view facts in the plaintiff’s favor and disregard conflicting evidence. (O’Neil v. Crane Co. (2012) 53 Cal.4th 335, 347.) The Sandses owned a unit in the Walnut Gardens development. A pipe on the roof broke and water entered the Sandses’ bedroom. The association’s agent hired people to repair the pipe and roof. The association had responsibility to maintain its common areas, including this piping and roof. The Sandses sued the association for breach of contract and negligence. The trial court selected a jury, heard the Sandses’ two witnesses in their case in chief, and granted a nonsuit. II We reverse the nonsuit on the breach of contract claim. Our review of nonsuit judgments is limited. To allow the opposing party to cure defects in proof, we may affirm only on logic stated in the motion for nonsuit, unless the defect would have been impossible to cure. (Lawless v. Calaway (1944) 24 Cal.2d 81, 94 (Lawless).) The Sandses claimed a breach of contract. The contract they say, was the association’s covenants, conditions, and restrictions,