Legal Question in Civil Litigation in California

I filed a Breach of Written Contract (almost 4 years later) case against my HOA, cause I tripped and fell and broke my arm, in a poorly maintainened uneven sidewalk, in spite of me paying them monthly dues.
Defendant demurred and stated that Im only seeking Personal Injury damages and and the 2 years statute of limitations (for Personal Injury) bars me for bringing this action, since I filed this case 3 years, 11 months later.
I requested in the complaint that I want General, and Special Damages of $30,000, for my injury.
In my opposition to their demurrer, can I state that the Special Damages consists of refund of my monthly contractual dues with interest, for them not honoring the written contract, and that if given leave to amend, I will insert that, to specify what the Special Damages are, that way I can show them that Im not only seeking personal injury damages and I can have their demurrer overruled?

Asked on 4/29/13, 8:48 pm

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

0 users found helpful

0 attorneys agreed

Your monthly dues are not an item of special damages, and the court will not view them as such.

In a breach of contract case, damages are measured by the foreseeable loss caused by the breach. They are not measured by what the plaintiff paid under the contract. If I understand correctly, the breach was an alleged failure to maintain the sidewalk, and your damages are pain, suffering, and medical costs. They are not the HOA fees you have paid.

I strongly suggest you pay for an hour or so of an attorney's time to review the complaint and demurrer, and get some guidance on the best arguments you can make. I realize you are doing your best, but your lack of understanding of the law is harming you here.

Answered on 4/30/13, 12:59 am

Mark as helpful