Sands
Sands v. Walnut Gardens Condo. Ass'n Inc.
Opinion
Lead Opinion
Wiley, J.
*175 This case is about whether condominium owners can make their homeowners association pay for a water leak. Monique Sands and her parents sued and went to trial against the Walnut Gardens Condominium Association, Inc. and its property manager for breach of contract and negligence. The trial court granted a nonsuit. The Sandses settled with the property manager but have appealed against the association. The Sandses argue the trial court erred by granting the nonsuit, by excluding certain evidence, and by denying their motion for a new trial. We reverse and remand the contract nonsuit and affirm the tort nonsuit. We do not reach other issues.
*176 I
We summarize the facts. When reviewing a nonsuit, we view facts in the plaintiff's favor and disregard conflicting evidence. ( O'Neil v. Crane Co. (2012) 53 Cal.4th 335 , 347, 135 Cal.Rptr.3d 288 , 266 P.3d 987 .)
The Sandses owned a unit in the Walnut Gardens development. A pipe on the roof broke and water entered the Sandses' bedroom.
*23 The association's agent hired people to repair the pipe and roof. The association had responsibility to maintain its common areas, including this piping and roof. The Sandses sued the…