Legal Question in Real Estate Law in California
property damage
when a developer has caused damages to a neighboring property by by diverting water run-off and has admitted guilt- is it possable to sue for damages, punative damages and attorneys fees?
5 Answers from Attorneys
Re: property damage
you should not count on punitive damages. attorneys fees are not available in most circumstances like these. your property, and any damage occurring need be assessed by qualified professionals. don't delay in taking action though. call if you would like a consultation. if not me, get counsel quickly.
good luck.
Re: property damage
Damages, yes. Punitive damages would depend on whether or not he acted intentionally. Attorney's fees would be unlikely.
Re: property damage
I would say that punitive damages would require more than just acting intentionally. The contractor's actions were probably both negligent and "intentional" in the sense that he intended to dig the ditch, pile up the berm, divert the water, etc. Punitive damages would probably require that the contractor acted with malice, i.e., that not only were his physical acts intentional, he also intended to cause harm or problems of some sort to the down-flow properties or their owners.
Re: property damage
get a real property attorney yesterday and it wouyld help if you give him/her pictures and a topo map if you have one
Re: property damage
You can sue for your damages. I fought a case just like this and won. You may contact me.