Legal Question in Real Estate Law in California

water damage

We moved into our house in 1996(the house came with a backyard pool and pool house.) In the summer of 1999. the neighbor at the back paid us a visit regarding the common back fence nad claiming water damage from our pool. She and her boyfirend has since been blamed us for all the water damage to their house. Her house is at the lowest point of a hilly development and surrounded by at least 3 swimming pools.Last July, she filed a small claims suit against us for $5,000 for water damage to her property. We asked for a continuance for us to get an engineering report. In Sep, her boyfriend filed in the same small claims court for private nuisance for discharging water onto his property (which he does not hold title to). We asked for both cases to be heard consecutively which was granted. Yesterday at our second court appearance, her boyfriend invoked Section 170.6 to disqualify the judge and now we have to go to another small claims court.What are our rights to a speedy trial? Can the boyfriend sued us for the same property even if he is not the legal owner?


Asked on 10/10/02, 2:20 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: water damage

Re your two question: (1) "Speedy trial" is a concept of criminal law; the phrase comes from the U.S. Constitution. While defendants in civil lawsuits have somewhat analogous rights, as long as the plaintiffs are not totally neglecting their claims (and they don't seem to be), the suit will not be dismissed for related grounds such as lack of prosecution.

(2) California requires all civil suits to be brought by, or in the name of, the "real party in interest," and unless the boyfriend is the owner of affected property, or a tenant of affected real property, he cannot maintain a lawsuit against you. However, if he is a tenant, i.e. has some sort of possessory interest in the real estate under a written or oral lease, he may have standing to sue for private nuisance. If he is merely a guest, I'm pretty sure he lacks standing and any suit in which he is the sole plaintiff could be dismissed.

Keep in mind that you may not have all the facts regarding the boyfriend's status as a tenant.

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Answered on 10/10/02, 2:47 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: water damage

The boyfriend may or may not have rights to sue you--this depends on his interest in the property as an owner or tenant. He and the owner must also prove their damages, and that those damages were caused by you, and that there is a legal basis for those damages--natural water runoff is not always cause for recovery.

As for trial speed, the wheels of justice grind slowly--as long as they don't lie to get continuances, they are entitled to those allowed by law and the court.

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Answered on 10/10/02, 6:04 pm


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