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 from Attorneys
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.
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.