PAIR WINS LANDSLIDE LAWSUIT\Ex-owners found at fault in La Conchita home sale.Byline: Michael Coit Daily News Staff Writer In the first lawsuit involving the landslide landslide, rapid slipping of a mass of earth or rock from a higher elevation to a lower level under the influence of gravity and water lubrication. More specifically, rockslides are the rapid downhill movement of large masses of rock with little or no hydraulic flow, looming above La Conchita, a judge ruled that a Summerland couple intentionally concealed information and concerns about the hillside when they sold their home. Robert and Maureen Ryan, formerly of Agoura Hills, won a judgment for more than $300,000 against John and Nancy Peltier, who also were held liable for punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. to be determined by the court at a future hearing. The Peltiers sold the home at 6809 Vista Del Rincon to the Ryans for $280,000. The sale of the home against the hillside in the far east corner of La Conchita was final Aug. 11, 1994. Ventura County officials notified La Conchita property owners of the landslide threat Sept. 27, 1994, following two meetings earlier in the year between county officials and residents, including the Peltiers. In her ruling, Ventura Superior Court Judge Barbara Lane stated that the Peltiers were obligated ob·li·gate tr.v. ob·li·gat·ed, ob·li·gat·ing, ob·li·gates 1. To bind, compel, or constrain by a social, legal, or moral tie. See Synonyms at force. 2. To cause to be grateful or indebted; oblige. under California law California Law consists of 29 codes, covering various subject areas, the State Constitution and Statutes. See also
The difference between estimated transaction costs and the amount actually paid. Notes: Slippage is usually attributed to a change in the spread. See also: Spread, Transaction Costs Slippage and other soil problems that affected the property. Lane also found that the Peltiers discouraged the Ryans from consulting with a real estate broker by threatening to raise the selling price. Lane stated that "a competent broker would have discovered damning information about the property in the county's Public Works Department Many governments worldwide have had departments or ministries referred to as the Public Works Department either formally or informally. In Australia: - New South Wales -
"The court concludes that the defendant Peltiers were not ignorant of the disclosure requirements imposed on sellers of real property by law; and that John and Nancy Peltier intentionally timed and conducted the sale of their house based on their awareness of mud . . . and instability of the hillside behind the Vista Del Rincon homes," Lane's ruling stated. County officials acknowledged the landslide threat as early as 1989. While residents or county officials could not have imagined a disaster like the landslide that hit in March, the Ryans' attorney said the couple should have at least been informed of several previous slides on neighboring neigh·bor n. 1. One who lives near or next to another. 2. A person, place, or thing adjacent to or located near another. 3. A fellow human. 4. Used as a form of familiar address. v. lots and the threat of future landslides. "We felt that we had very substantial evidence. Also, I thought the testimonial evidence was very damning against the Peltiers," said Kirk Grossman, the Ryans' attorney. Robert Sawyer Robert Sawyer is:
"We feel that the evidence may have shown that they were careless," Sawyer said. "But it was never my clients' attempt to dump the property and run." The Peltiers have 30 days from the time the judgment is entered to appeal the decision. The judgment awarded the Ryans, now renting a Ventura apartment, orders repayment of the $280,000 purchase price, $17,000 in rental costs, and attorney fees, which could top $35,000. The Peltiers also are liable for punitive damages based on the court's finding intentional fraud, concealment and misrepresentation misrepresentation In law, any false or misleading expression of fact, usually with the intent to deceive or defraud. It most commonly occurs in insurance and real-estate contracts. False advertising may also constitute misrepresentation. . "There was a decision made to withhold this information from the Ryans, and the Peltiers were clearly under a legal duty, not to mention a moral duty, to disclose this information," Grossman said. Grossman, however, said he was not sure what amount of the judgment the Ryans ultimately would receive. He said the Peltiers' assets have not been determined. County officials declared the entire community a geologic hazard area that should be avoided following the massive March 4 landslide that destroyed nine homes. The Ryans also are a plaintiff in a lawsuit brought by 200 residents - owners of 82 parcels in La Conchita - against the La Conchita Ranch Co., which owns the hillside where the landslide occurred. The lawsuit charges that the company was aware of several ancient landslides on the 600-acre ranch and failed to adequately stabilize the hillside. Residents contend that the ranch company endangered en·dan·ger tr.v. en·dan·gered, en·dan·ger·ing, en·dan·gers 1. To expose to harm or danger; imperil. 2. To threaten with extinction. the seaside community by weakening the hillside with the planting and irrigating of citrus orchards beginning in 1974. Residents want the court to force the ranch to complete necessary hillside repairs and pay for losses in property values, replacement costs for personal belongings personal belongings npl → efectos mpl personales , relocation costs and related damages. |
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