Neighbors of Chase Knolls v. WK CK Sherman Oaks Venture CA2/4

INTRODUCTION

Appellant Neighbors of Chase Knolls (NOCK) is an association representing certain current and former tenants of the Chase Knolls Garden Apartments (Chase Knolls). NOCK and several individual plaintiffs sued the owner of Chase Knolls, WK CK Sherman Oaks Venture, LLC (WK CK) relating to issues caused by construction and major renovations on the property. As trial approached, WK CK filed a motion in limine asserting that NOCK had standing only to seek damages for the association itself, and therefore it could not rely on evidence of tenants’ individual experiences with noise, dust, and other construction-related disruptions. In partial response, plaintiffs moved to amend the complaint to add 22 new plaintiffs, acknowledging that certain alleged damages were “too personal” to be asserted by NOCK. The trial court partially granted the motion in limine, holding that NOCK could present evidence of damages to the association itself, but it could not rely on individuals’ testimony about how construction affected them personally. The trial court also denied plaintiffs’ motion for leave to amend the complaint on the grounds that the motion was brought just as trial was set to…