Legal Question in Civil Litigation in California

civil litagation ?

Hello,

I live in a two story condo conversion. I live on the bottom floor.

My wife and I recently noticed that the walk-in closet off of our bedroom has a serious mold problem. There is black mold completly covering the walls. I have contacted: my HOA, the property management co., my insurance co., the builder and the owner of the condo above me. All of them claim they have insurance, but mold is not covered in any of their policies.

My wife's immune system is compromised with lupus. This mold is making her sicker by the day.

I cannot afford the $3600 the mold remediators want.

One lawyer I talked to says,''All you own is the air, the property management company should have insurance. The second lawyer told me: ''The property management co., is not liable. Their policy typically covers only common areas.

Naturally, my policy doesn't cover this issue.

Do I need an attorney? Am I in the right?


Asked on 1/16/08, 3:50 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: civil litagation ?

You need to clean it up to mitigate damages. It may have a serious health impact upon your wife. It is the complex's liability contact me directly.

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Answered on 1/16/08, 6:10 pm
Terry A. Nelson Nelson & Lawless

Re: civil litagation ?

Well, if you can't get it resolved yourself, yes, you'll need an attorney. If you can't find one local to you, feel free to contact me. These are tough situations, so be prepared to fight.

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Answered on 1/16/08, 7:36 pm


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