Legal Question in Construction Law in California

property damage/neighbors excavating w/no permits

I own my property (12yrs.),have vacant lots on either side which have always been neglected.One day,excavation began on the lot to the east.When the digging continued for over a week and got closer to my property,exposing my waterline, I called Building & Safety.They responded immediatly and shut them down(no permits).They had already removed 16ft.of dirt(down)and ??(deep)from the lot,undermining my patio and hillside,as this is a mudslide,hilly area in the foothills of the Los Angeles Crest Mountains.They were told to put the dirt back and retain the natural grade,as well as provide tempory shoring,they did not.They were court ordered then complied with the shoring only.As a result,I still have a huge ''hole''next to me and the property has been for sale ever since. I myself,have been through the system regarding retaining walls etc.(have 2 on my property),and now am short on cash for a lawyer. Any contingency lawyers out there willing to take this case? I have photos and other, more detailed info available. The surrounding neighbors are also concerned and are willing to participate if needed...Thank you


Asked on 3/24/06, 8:07 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: property damage/neighbors excavating w/no permits

If your case has a weakness, it may be that you have no actual damages yet, just a possibility of future harm. That limits the amount of money you can sue for (although you may have good non-monetary causes of action), and thus the interest of attorneys who work on contingency. If your house had already slid into the hole and was destroyed to the tune of, say, $1 million, the lawyers would be swarming.

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Answered on 3/24/06, 9:25 pm
Terry A. Nelson Nelson & Lawless

Re: property damage/neighbors excavating w/no permits

As indicated in other messages, you have limitations on your claim, for now. However, if several property owners want to join in to share fees and costs, it might be possible to sue and force the developer to remedy the problem [whatever that means to an expert in the subject], and pay the attorney fees you incur. Feel free to contact me if interested in doing so.

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Answered on 4/20/06, 7:08 pm


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