California  |  Civil Litigation

Legal Question

Asked on: 4/29/13, 8:48 pm

I filed a Breach of Written Contract (almost 4 years later) case against my HOA, cause I tripped and fell and broke my arm, in a poorly maintainened uneven sidewalk, in spite of me paying them monthly dues.

Defendant demurred and stated that Im only seeking Personal Injury damages and and the 2 years statute of limitations (for Personal Injury) bars me for bringing this action, since I filed this case 3 years, 11 months later.

I requested in the complaint that I want General, and Special Damages of $30,000, for my injury.

In my opposition to their demurrer, can I state that the Special Damages consists of refund of my monthly contractual dues with interest, for them not honoring the written contract, and that if given leave to amend, I will insert that, to specify what the Special Damages are, that way I can show them that Im not only seeking personal injury damages and I can have their demurrer overruled?

2 Answers

Answered on: 4/30/13, 12:59 am by Charles Perry

Your monthly dues are not an item of special damages, and the court will not view them as such.

In a breach of contract case, damages are measured by the foreseeable loss caused by the breach. They are not measured by what the plaintiff paid under the contract. If I understand correctly, the breach was an alleged failure to maintain the sidewalk, and your damages are pain, suffering, and medical costs. They are not the HOA fees you have paid.

I strongly suggest you pay for an hour or so of an attorney's time to review the complaint and demurrer, and get some guidance on the best arguments you can make. I realize you are doing your best, but your lack of understanding of the law is harming you here.

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Answered on: 4/30/13, 6:52 am by Joel Selik

You should do legal research (perhaps Witkin Summary of Ca Law) to determine what damages that may be recoverable in your breach of contract claim.

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0 Attorneys agree with this answer. Box 1448 San Diego And Las Vegas, CA 92079

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