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?


Asked on 5/12/05, 11:46 am

5 Answers from Attorneys

Daniel King Law Offices of Daniel King

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.

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Answered on 5/13/05, 1:10 pm
Scott Schomer Schomer Law Group

Re: property damage

Damages, yes. Punitive damages would depend on whether or not he acted intentionally. Attorney's fees would be unlikely.

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Answered on 5/12/05, 11:53 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 5/12/05, 3:59 pm
Michael Olden Law Offices of Michael A. Olden

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

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Answered on 5/12/05, 5:57 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: property damage

You can sue for your damages. I fought a case just like this and won. You may contact me.

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Answered on 5/12/05, 6:16 pm


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