Legal Question in Civil Litigation in California

failure to maintain

i am president of the homeowners assoc. of a mobile home park, two years ago, about twenty residents filed a failure to maintain legal action against the owner of the park, this action was settled, before trial, for two million three hundred thousand dollars,although these residents,have yet to be compensated,

there are another group, that wish to file another legal action, failure to maintain,i have advised the other residents, myself included,that we should seek other legal advice, other than the orginal law firm,what do you advise? thanks


Asked on 12/26/02, 11:17 pm

4 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: failure to maintain

An attorney would have to review more detailed facts to give you an opinion, but the original law firm may not be very effective if the settlement hasn't been enforced in a couple of years. There may be other issues I'm not aware of, but if not, and the settlement called for payment, they should be taking action to enforce that.

The next question is whether the other residents' lawsuit was just for them or on behalf of the entire mobile home park--again, the papers would have to be reviewed.

In any case, you should talk with an attorney to see what your rights and options are, and also to find out the likelihood of a resolution or compensation--the first group of plaintiffs may be finding their settlement/judgment is difficult to collect.

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Answered on 12/27/02, 4:44 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: failure to maintain

I am willing to offer a consultation at no charge. A good friend of mine practiced in this precise field of law for the past 20 years. So, if the case is a good one, I am sure he will gladly partake in the representation, even though he is semi-retired now. Call if you are interested (323)782-0099.

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Answered on 12/27/02, 12:10 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: failure to maintain

I know of no reason that you need to seek other counsel. I would suggest that you contact the attorney that represented the first group. Then ask the attorney if there is a conflict of interest.

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Answered on 12/27/02, 4:22 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: failure to maintain

The information contained in your question is a bit scanty. I am assuming that the lawsuit is about the developer's failure to maintain the property during the period of time the developer was required to do so. If the earlier lawsuit was brought on behalf of the association, then that case resolves the issues for all owners. Certainly you should obtain a review of the situation by a lawyer to advise you and your neighbors on the effect of the previous case and what if any remedies remain available to you.

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Answered on 12/27/02, 9:34 am


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