COUPLE LOSES SUIT AGAINST HOMEOWNERS GROUP.Byline: Gregory J. Wilcox Daily News Staff Writer The owners of a Woodland Hills condominium have lost an earthquake-related lawsuit against their homeowners association and now may be faced with paying $100,000 in legal fees. Francis and Terry Frizzell, owners of a three-bedroom condo in Warner Village, were not happy with the approximately $14 million insurance settlement agreed to by the Warner Village Homeowners Association Inc. after the devastating dev·as·tate tr.v. dev·as·tat·ed, dev·as·tat·ing, dev·as·tates 1. To lay waste; destroy. 2. To overwhelm; confound; stun: was devastated by the rude remark. 1994 Northridge Earthquake The Northridge earthquake occurred on January 17, 1994 at 4:31 AM Pacific Standard Time in the city of Los Angeles, California. The earthquake had a "strong" moment magnitude of 6. . Nor did they like the supervision the group provided when repairs were made at the 133-unit complex. So they sued, claiming the association breeched its fiduciary duty Noun 1. fiduciary duty - the legal duty of a fiduciary to act in the best interests of the beneficiary legal duty - acts which the law requires be done or forborne . But this week, a jury in Van Nuys Superior Court found in favor of the association. Encino lawyer Mark Brifman, who represented the Frizzells, said Thursday the couple basically sought about $40,000 to redo To reverse an undo operation. See undo. repair work they thought was unsatisfactory. ``That fixes cracks in the drywall, fixes the painting that was not done right, the atrium window that is still leaking and the utility room wall that still leaks water,'' he said. Although they didn't win the lawsuit, the Frizzells may still get the repair work done for them. Brifman said during the trial a representative of Glendale-based Kenco Construction Inc., hired to refurbish the complex, agreed to go back and make the repairs the Frizzells sought. There is tarnish tarnish, n 1. surface discoloration or loss of luster by metals. Under oral conditions, it often results from hard and soft deposits. 2. a chemical process by which a metal surface is discolored or its luster destroyed. on that silver lining silver lining n. A hopeful or comforting prospect in the midst of difficulty. [From the proverb "Every cloud has a silver lining". , however. Lawyer Douglas A. Bordner, whose Encino firm Feldman & Feldman represents the association, and trial lawyer John MacDowell want to make sure that State Farm Insurance Co. doesn't get stuck with the legal bills. Both think the Frizzells should pay. ``We don't want to see the same type of lawsuit filed again. It's a very large complex, and the insurance company is taking a very tough stance on the fees,'' said Bordner. ``You are not going to stop lawsuits like this unless you show there is a downside.'' MacDowell pointed out the Frizzells could have sought reimbursement for their legal fees had they won. ``It goes both ways. It's part of the deal they made when they bought that condominium,'' said MacDowell, whose firm is based in Santa Ana Santa Ana, city, El Salvador Santa Ana (sän'tä ä`nä), city (1993 pop. 129,873), W El Salvador. It is the second largest city in the country and the commercial and processing center for a sugarcane, coffee, and cattle region. . The Frizzells could not be reached for comment. But Jim Baer, a member of the association's board of directors, believes the dispute should never have ended up in court. ``I think this was specious spe·cious adj. 1. Having the ring of truth or plausibility but actually fallacious: a specious argument. 2. Deceptively attractive. from the beginning,'' he said. ``People, especially condominium dwellers, have to understand that the board of directors . . . do the best they can under the circumstances.'' |
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