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Plaintiff condo owner sues neighbor over alleged negligence causing water damage

SOUTHERN CALIFORNIA RECORD

Tuesday, April 15, 2025

Plaintiff condo owner sues neighbor over alleged negligence causing water damage

State Court
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Ventura County Superior Court | Official Website

A condominium owner is taking legal action against a neighbor over extensive water damage allegedly caused by negligence. Daniel Belitski filed a complaint in the Superior Court of California, County of Ventura, on April 4, 2025, accusing Yucheng J. Liao of failing to maintain his property adequately, resulting in significant damage to Belitski's unit.

According to the complaint, both parties own units in the Poli-Oak Pavilion community in Ventura, California. The case revolves around a leak from Liao's hot water heater that allegedly caused water intrusion into Belitski's unit below. Belitski claims that despite being informed about the issue on April 10, 2024, Liao did not repair the faulty appliance until May 1, 2024. This delay reportedly exacerbated the damage to Belitski's property. "The extent of the water damage was all the more severe because of the lengthy delay," stated Belitski in his filing.

Belitski argues that Liao breached several obligations under their condominium association’s governing documents and a verbal agreement made on May 6, 2024. The Restated Declaration of Covenants, Conditions and Restrictions (CC&Rs) for their community outlines maintenance responsibilities for each owner and requires them to keep their units in good condition. Belitski alleges that Liao failed these duties by neglecting his water heater and not promptly addressing the leak.

In addition to claiming negligence and nuisance due to Liao's actions or lack thereof, Belitski accuses him of breaching both written and verbal contracts. He states that during a meeting on May 6, Liao acknowledged responsibility for the damages and agreed verbally to cover remediation costs if legal action was avoided. However, despite follow-up attempts and even a settlement demand letter sent to Liao’s insurance carrier, no compensation has been received by Belitski.

Belitski seeks compensatory damages covering repair costs, mold inspection fees, lost rental income due to his unit being uninhabitable during repairs, as well as emotional distress caused by this ordeal. His attorneys are asking for interest on these amounts along with reasonable costs and attorney fees incurred during litigation.

Representing Daniel Belitski are attorneys Ron Bamieh, Danielle De Smeth, and Charlotte E. Krem from Bamieh & De Smeth PLC law firm based in Ventura. The case is filed under Case No: 2025SCLIPPO4160¢r at Ventura Superior Court.

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