A ruptured plumbing fixture has sparked a legal battle between two neighbors in San Francisco. On June 10, 2024, Jason Viscarra filed a complaint in the Superior Court of California, County of San Francisco, against Ellen Poon for damages resulting from water leakage into his property.
According to the court documents, Jason Viscarra owns Unit #201 at 1845 Leavenworth Street, while Ellen Poon owns Unit #202 directly above. Both units are part of the 1845 Leavenworth Street Homeowners’ Association. The incident occurred on December 28, 2023, when a plumbing fixture in Poon's unit ruptured, causing extensive water damage to Viscarra's unit below. "The plumbing failure in the Poon Unit caused water to leak down into the Viscarra Unit," states the complaint.
Viscarra alleges that he had to hire a remediation company for emergency repairs and is now undertaking permanent repairs which necessitated taking out a construction loan. Additionally, his tenant was forced to vacate due to the damage, resulting in lost rental income. The plaintiff claims that Poon’s negligence in maintaining her plumbing fixtures led to this incident and subsequent financial losses.
The complaint lists four causes of action: negligence, nuisance, breach of contract as a third-party beneficiary, and negligent interference with prospective economic advantage. Viscarra asserts that Poon breached her duty of care by failing to maintain her unit’s plumbing fixtures properly. "Defendant breached the duty of care to Plaintiff," reads the document. Furthermore, it argues that Poon's actions created a nuisance by obstructing Viscarra's use and enjoyment of his property.
Viscarra also contends that both he and Poon are bound by their Homeowners' Association Declaration which mandates each owner to maintain their units at their own expense. He claims that Poon violated this agreement by not maintaining her plumbing fixtures adequately.
In terms of relief sought from the court, Viscarra is asking for damages related to repair costs for his unit, costs associated with his construction loan including interest, lost rental income due to tenant displacement, and other related expenses. The exact amount will be determined during trial.
Representing Jason Viscarra are attorneys Christian Lucia and Justin Graham from Sellar Hazard & Lucia law firm. The case has been assigned Case ID CGC-24-615306 and will be presided over by judges from the Superior Court of California in San Francisco County.