Calif. Court Reinstates Claims Against Condo Association

LOS ANGELES - A California appellate panel has reinstated a condominium owner's personal injury claims against her homeowners association after concluding that an exculpatory clause in the association's bylaws covering water damage does not preclude a claim for negligent remediation. Sosa v. Rockpointe Homeowners Association Inc., No. B192055 (Calif. Ct. App., 2nd Dist.).

The 2nd District Court of Appeal also vacated a trial court's award of summary judgment to a mold remediation company, saying that expert testimony supports claims by plaintiff Dalia Sosa and are sufficient to create triable issues of fact.

Sosa filed a six-count complaint against Rockpointe …