Judge: Glenn R. Salter, Case: 22-1266354, Date: 2023-07-27 Tentative Ruling

The motion of the plaintiff to compel an inspection of the condominium unit is DENIED without prejudice.

The matter was continued to allow the parties to address the alleged dangerousness of entry into the damaged unit by defendants’ experts.  The plaintiff did not refuse entry.  But she felt she could not allow defendants’ experts into the unit to inspect unless they executed a liability waiver.  (See this court’s May 11, 2023, Minute Order.  (ROA 47.))

The plaintiff has submitted declarations from a licensed contractor and a structural engineer detailing the dangerousness of any entry into the unit.  The court is persuaded that while execution of a liability waiver is not and should not be a requirement to entry in the normal case, the facts here are so extraordinary that such a waiver may be required by this plaintiff in this case as a prerequisite of allowing a property inspection.

It is the court’s understanding that the defense experts will not execute a liability waiver here.

The plaintiff shall give notice.