By: Shernoff Bidart Echeverria LLP
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SBE Represents Several Homeowners in Lawsuit Against Waldorf Astoria Management
SBE Files Cross Complaint Accusing Waldorf Astoria Management and Others of Causing Severe Water Damage to Homes as a Result of Mismanagement of La Quinta Mountain Course
To read the Los Angeles Daily Journal article, click here.
Riverside, CA – July 8, 2014 – Attorneys for Shernoff Bidart Echeverria LLP filed a cross-complaint alleging that Waldorf Astoria Management and others mismanaged a water runoff system and debris basin located on the La Quinta Resort Mountain golf course, causing millions of dollars in water damage to a number of homes in the nearby Mountain Estates Homeowners Association.
The damage to the homes in the Mountain Estates occurred in August 2013 during heavy rainfall in the city of La Quinta, Coachella Valley and Santa Rosa Mountains. The cross-complaint alleges that the La Quinta Resort’s owners and/or Waldorf Astoria had previously approved a construction project that interfered with the grading, flow and drainage of the storm channel jointly depended upon by both the Mountain Golf Course and the homeowners in the Mountain Estates. Furthermore, the owners of the La Quinta Mountain Course, and/or Waldorf Astoria failed to properly maintain a debris basin next to the storm channel, which failed during the storm. The blockage of the storm channel caused by the construction project, combined with failure of the debris basin, caused a water “wave” to flow up the storm channel and into the homes of various Mountain Estates residents, depositing large amounts of water runoff and mud. The damage was extensive to walls, carpets, furniture and more, and the homeowners spent millions on repairs to their damaged property.
“It is a shame that we had to file the cross-complaint against Waldorf Astoria and the owners of the La Quinta Mountain Golf Course” said Mountain Estates homeowner Thomas J. Nolan. “The homeowners had hoped to have resolved this case amicably – and believed they were in the process of doing so – but were left with no choice but to cross-complain for negligence, nuisance, and trespass when Waldorf Astoria brought a declaratory relief claim absurdly alleging that the homeowners themselves were responsible for the storm channel overflowing and the resulting damage to their homes.”
The cross-complaint alleges that the debris basin was improperly designed, constructed and/or maintained. It also alleges that the construction project that infringed upon the storm channel created a “hydraulic choke” which caused the erosion and failure of the debris basin.
“The people who live in this gated community had a fair expectation that Waldorf Astoria and the owners of the La Quinta Mountain Golf Course would properly maintain and oversee the building and ongoing maintenance of property owned by them,” said Michael J. Bidart. “They must be held responsible for the damage their mismanagement caused these homeowners.”
About Shernoff Bidart Echeverria LLP
Shernoff Bidart Echeverria LLP leads the nation in protecting policyholders from insurance company abuse. The firm has been protecting the rights of insurance consumers, both individuals and businesses, for over 40 years after having set the legal precedent requiring insurance companies to act in good faith.