A devastating fire that started in a rental unit led to a significant legal battle, culminating in a court ruling that found the property owner negligent. Julie and Gavin Maxwell filed the complaint against Sara West in the Court of Appeal of the State of California, Sixth Appellate District, on July 29, 2024.
The case arose after a fire broke out in West's illegally converted rental unit and spread rapidly to the Maxwells' home, causing extensive damage. The trial court granted summary adjudication for the plaintiffs on their negligence claim, leading to this appeal. According to court documents, West had converted part of her residence into a rental unit without obtaining necessary permits or inspections. This conversion violated local fire prevention codes, which require exterior walls within three feet of a property line to be one-hour fire-rated and windowless. The Maxwells argued that these violations were directly responsible for the rapid spread of the fire.
On the night of the incident, a fire ignited in West's rental unit around 4:00 a.m., quickly engulfing her house and spreading to the Maxwells' adjacent residence within 15 minutes. Despite firefighters' efforts, both homes were destroyed. The plaintiffs initially filed three causes of action: negligence, trespass, and negligence based on res ipsa loquitur but later focused solely on negligence per se due to newly discovered evidence about building code violations.
The trial court's decision hinged on several key points. First, it found that West had indeed violated building codes by not having a one-hour fire-rated wall and windows in her rental unit close to the property line. These violations created an unreasonable risk of fire spreading between properties. Second, it determined that these code violations were substantial factors contributing to the damage suffered by the Maxwells.
West's defense argued procedural errors and challenged the admissibility of certain evidence but failed to convince the court. Her expert declaration was excluded for being untimely and not referenced in her separate statement of undisputed material facts. Additionally, her objections regarding hearsay in a fire department report were dismissed as irrelevant since they did not affect the negligence per se determination.
Ultimately, the court upheld its original judgment awarding $380,642.69 to Julie and Gavin Maxwell for damages incurred from rebuilding their home and other related expenses. The judgment emphasized that West's failure to comply with building codes directly led to their losses.
The attorneys representing Julie and Gavin Maxwell are not specified in this document; however, Judge Grover authored the opinion with concurrence from Judges Greenwood and Lie under Case ID H050542.