Judge: Kenneth J. Medel, Case: 37-2020-00007899-CU-BC-CTL, Date: 2023-09-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 28, 2023

09/29/2023  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2020-00007899-CU-BC-CTL YANISH VS REGATTA BAY OWNERS ASSOCIATION [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Enforce Settlement, 04/19/2023

The DR RAH TRUST; DANA R. HUTCHISON, D.M.D.; RORY A. HUTCHISON's Motion to Enforce Settlement is DENIED.

However, the Court can only enforce the agreement as agreed upon. The settlement agreement is attached as Exhibit 1 to the Declaration of John Moot. Section 1.1A states: '[o]nce the source nature and extent of any water leaks have been determined, Regatta Bay agrees to repair the water leaks such that no water will get into the Hutchinson's unit...'. In section 1.1B the Parties agreed the HOA would 'undertake an inspection of the pipes in the Hutchinson unit and repair and replace any defective pipes identified in that inspection.' In section 1.1C the Parties agreed 'best efforts will be used so the inspection and repairs set forth in 1.1A and B will be completed within 6 months to the satisfaction of a professional engineering firm and in compliance with all building codes...' Section 1.1C also requires the HOA to 'notify Hutchinsons and provide a statement of the efforts undertaken to timely complete the work, the reasons why the work cannot be completed within 6 months and the date the work will be completed...[t]he failure of Regatta Bay to use its best efforts to complete the work without an objectively reasonable basis to do so, shall constitute breach of this agreement entitling Hutchisons (sic) to seek damages in addition to the attorneys to be paid pursuant to this agreement'.

The Court cannot make the requested judgment here. The moving papers and proposed order seek to have this Court enter judgment directing the HOA to 'complete the repair of all water leaks and inspection and repair of any defective pipes' by a date certain. However, as summarized above, the parties did not agreed to this specific relief. Should the Hutchison parties believe the Regatta Bay has not used its best efforts, the remedy in the agreement is a breach of contract action asserting damages.

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