Judge: Kevin C. Brazile, Case: 23STCV18527, Date: 2024-08-09 Tentative Ruling

Hearing Date: August 9, 2024

Case Name: Plaksin v. Page, et al.

Case No.: 23STCV10124

Matter: Motion to Compel 

Moving Party: Defendants Alta Loma Homeowners Association and Ross Morgan &

Company, Inc. 

Responding Party: Defendants Joseph Grech and Charles Page

Notice: OK

Ruling: The Motion is granted.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This is a lawsuit in which Plaintiff Aleksander Pkaksin alleges that a water leak coming from his upstairs neighbors, Defendants Joseph Grech and Charles Page, and the common area pipes caused property damage and mold, as well as a loss of rental income.  

Defendants Alta Loma Homeowners Association (“HOA”) and its management company, Defendant Ross Morgan & Company, Inc. (“RM”), seek to compel the inspection of the condominium unit of Defendants Joseph Grech and Charles Page.  They contend that there was an initial inspection by their expert, Gidon Vardi, but a plumber did not arrive to provide necessary equipment.  That is, they contend their first inspection was incomplete.

Defendants Joseph Grech and Charles Page argue that (a) a justification for a second inspection has not been provided because no new property has been acquired; (b) HOA and RM chose to move forward with the first inspection instead of re-noticing it; (c) another inspection would violate their privacy rights; (d) at the first inspection, Vardi never said he needed to enter the unit again—rather, he said that he needed to do work from the roof; (e) Plaintiff and the HOA have illegally entered the unit numerous times; and (f) “Grech . . . suffers from dementia, macular degeneration of the eyes, and severe arthritis of the spine. All of these conditions make it difficult for him to get up and leave his room and to even open up the door to allow people into the unit. Defendant Charles C. Page also has to work and is not around during the day and would have to make special arrangements to be present, which also creates a hardship.” 

Code Civ. Proc. § 2031.010(d) states, “A party may demand that any other party allow the party making the demand, or someone acting on the demanding party's behalf, to enter on any land or other property that is in the possession, custody, or control of the party on whom the demand is made, and to inspect and to measure, survey, photograph, test, or sample the land or other property, or any designated object or operation on it.”  A party may compel a property inspection.  (Code Civ. Proc. § 2031.310(a).)   

The Court has closely considered the matter and, in the exercise of its discretion, will compel another property inspection that is to take place within 30 days.  This is because the first inspection was not completed and it is not apparent that any subsequent entries involved Vardi.  This will be the final inspection.  The Court declines to award sanctions.  

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.