Gough/Fell Associates, L.P., a California limited partnership, has filed a lawsuit against Greenview Planning and Design, LLC in the Superior Court of the State of California, County of San Francisco on December 10, 2024. The complaint alleges negligence, trespass, and private nuisance related to a fire incident that caused significant damage to Gough/Fell's property.
The legal dispute centers around an uncontrolled fire that broke out on August 1, 2023, at a construction site managed by Greenview Planning and Design at 300 Octavia Street in San Francisco. According to the complaint filed by Gough/Fell Associates, the fire spread beyond its origin due to Greenview's failure to adhere to safety regulations and maintain a secure construction environment. As a result, hot ash and cinders from the blaze landed on Gough/Fell's property at 280 Fell Street, causing severe damage to the roof. The plaintiff claims that attempts to repair the roof have been unsuccessful due to the extensive nature of the damage and anticipates further costs exceeding $200,000 for complete replacement.
The complaint outlines several causes of action against Greenview Planning and Design. Firstly, it accuses them of negligence for failing to prevent or control the fire adequately. The plaintiff argues that Greenview owed them a duty of care which was breached through their negligent actions or omissions during construction activities. Secondly, Gough/Fell Associates alleges trespass due to unauthorized physical intrusion onto their property via debris from the fire. Additionally, they claim that Greenview's actions created both private and public nuisances by substantially interfering with their use and enjoyment of their property.
In support of these allegations, Gough/Fell asserts that Greenview violated local fire codes and failed to ensure safe construction practices at their site. They further contend that this misconduct led directly to damages suffered by Gough/Fell as well as potential harm affecting other members of the public.
Gough/Fell Associates seeks judgment from the court for damages related to loss of use of their property amounting over $200,000 along with attorney’s fees under Code of Civil Procedure Section 1021.5; costs incurred during litigation; interest on awarded sums; plus any additional relief deemed appropriate by judicial authorities.
Representing Gough/Fell Associates are attorneys Andrew C. McClelland and Steven J. Davidson from Hoge Fenton Jones & Appel Inc., while no specific names are mentioned for defendants' legal representation within this document extract provided here today before Judge [Name not provided] under Case ID CGC-24-620499.