Introduction
These excerpts address the following issues in the dispute: slope maintenance practices, irrigation control, drainage infrastructure, and the 2023 slope failure. All are taken directly from the official court transcripts.
Q = Vasko Alexander, Jill's Attorney
A (Omar) = Omar Trinidad, Green Horizons PMK
A (Santos) = Santos Cruz, Green Horizons Owner
A (Omar) = Omar Trinidad, Green Horizons PMK
A (Santos) = Santos Cruz, Green Horizons Owner
Key Testimony
Are the slopes at Las Brisas common area?
Yes. When asked whether any slopes were off-limits because they were private, Omar said no. He then confirmed that all slopes Green Horizons maintains are common area slopes.
Are there any slopes in the Las Brisas Community where you have been instructed not to go on because they are private area slopes?
No.
They are common area slopes; correct?
They are all common area slopes, yes.
Omar, Pages 58-59
Did any other slope at Las Brisas fail?
No. Despite the same rain hitting the entire community, Lot 139, the only slope with a French drain, was the only slope that failed.
Did any other slope fail as a result of the 2022 or 2023 rain season at Las Brisas?
No.
Omar, Page 44
Was the 2022-2023 rain season unusual?
No. Omar confirmed Green Horizons considered it a normal rain season. No special precautions were recommended because, in Green Horizons' experience, a normal rain season could be handled by the existing drainage systems at the slopes.
As far as Green Horizons was concerned, it was a normal rain season; correct?
Yes.
Omar, Page 42
Did the HOA seek slope repair proposals from Green Horizons?
Yes. A February 2005 HOA newsletter (Exhibit 7) states that "Green Horizons had submitted proposals of cost of repair and cost of rain damage slopes." The HOA was managing the repair process, not individual homeowners.
"Green Horizons had submitted proposals of cost of repair and cost of rain damage slopes, which were costly."
Exhibit 7: Feb 2005 Newsletter, discussed at Omar Page 46
Did Green Horizons ever communicate with the homeowner at Lot 139?
No. Green Horizons took all direction from the HOA and its property management company. They had no direct communication with Jill Mann.
Has Green Horizons had any communications directly with the homeowner at 139?
No.
Omar, Page 52
Did Green Horizons install the French drain?
No. Omar confirmed the French drain was installed by a different vendor and Green Horizons had little information about it.
Green Horizons did not install that French drain; correct?
No, we didn't. Didn't install it.
Omar, Pages 44-45
Does Green Horizons know what caused the slope failure?
No. The HOA never provided Green Horizons with an explanation, and Green Horizons, the HOA's landscaper for over 20 years, had no understanding of what caused it.
Did Green Horizons offer an opinion as to what may have caused the slope failure?
No.
Did the HOA indicate to Green Horizons what it thought might have caused the slope failure?
No.
Do you have an understanding, as you sit here today, what caused the slope failure?
No understanding.
Santos, Page 16
How was the slope failure reported?
Santos Cruz confirmed that a crew member (Luis Trinidad) discovered the crack behind Lot 139 and reported it. Cruz then reported it to the HOA the same day.
"I find, you know, a crack behind that Lot 139. Can you stop by and check?"
Did Green Horizons contact the HOA to report the failure of the slope?
Yes. I reported it the same day.
Santos, Page 16
Does Santos Cruz agree with Omar Trinidad's testimony?
Yes. Cruz confirmed he agreed with everything Omar testified to.
Do you disagree with any of his testimony?
No.
Do you disagree with any of his testimony with respect to anything else?
No.
Santos, Page 18