Introduction
These excerpts address the following issues in the dispute: who directed the French drain installation, what qualifications the installer had, and whether any engineering oversight was involved. All are taken directly from the official court transcript.
Q = Vasko Alexander, Jill's Attorney
A = Noe Pablo, Pablos Landscape Services
A = Noe Pablo, Pablos Landscape Services
Key Testimony
Who directed the French drain installation?
The HOA, through Bill Katz. Pablo confirmed the HOA requested and directed the project. His only point of contact was Bill Katz, a former board member with no engineering license.
At whose direction was Pablos Landscape retained to install this French drain?
Bill Katz.
So your only communication with the HOA was with Bill Katz; is that correct?
Yes. That is right.
Who directed the project?
They requested it. They directed us.
Pages 12-14
Had the HOA already decided to install the drain before contacting Pablos?
Yes. Pablo confirmed the HOA had already decided to install a French drain before reaching out to him. He did not recall recommending the installation himself.
So the HOA had already made a decision to install a French drain prior to contacting you; correct?
I am assuming yes.
Do you recall you making a recommendation that a French drain should be installed there?
I don't think so.
Page 18
What are Pablo's qualifications?
Pablo holds a C27 landscaping license. He is not a civil engineer and has never held a civil engineering license. No one on his crew was a licensed civil engineer.
Well, are you a licensed civil engineer?
I am just a licensed C27 landscaper.
Was anyone on your crew, who you had hired, a licensed civil engineer?
No.
Have you ever had [a civil engineering license]?
I wish.
Pages 25, 28
Was any civil engineer or hydrologist consulted before installation?
No. Pablo confirmed no civil engineer and no hydrologist was consulted. No survey was performed. No graded plans for Lot 139 were reviewed.
Did Pablo's consult with civil engineer prior to installing the French drain?
No.
Did Pablos's plan to consult with a hydrologist prior to the installation of the French drain?
No.
Did you do any other investigation of the slope prior to the installation of the French drain?
There was no survey done.
Pages 26-27, 32
Was Pablo following Bill Katz's direction?
Yes. Pablo confirmed he was following Katz's direction. He also testified that under his C27 license, he follows the instructions of a civil engineer or whoever contacts him.
Is it fair to say you were following Bill Katz's direction in installing the French drain?
I guess, yes.
And what is it, to your understanding? [The difference between a C27 and a civil engineer license]
A C27 follows the instruction of a civil engineer or the homeowners, or an associate, whoever contacts me.
Pages 27, 31
Did Pablo consider how the French drain might affect the slope?
No. Pablo testified he did not consider how the drain might impact the slope's stability.
Prior to the installation of the French drain, did you make a determination how this French drain may impact the slope's stability at 139?
I didn't really consider because that is pretty common, a simple drainage system.
Page 31
How deep was the trench actually dug compared to the estimate?
Pablo's written estimate described a "French drainage dig 1- to 2-feet deep." He later testified the actual depth was "Probably 3 1/2, 4 feet."
[Reading Exhibit 2, the estimate:] "Backyard French drainage dig 1- to 2-feet deep behind the retainer wall."
How deep was this trench?
Probably 3 1/2, 4 feet.
The depth you testified was 4 feet; correct?
Somewhere in there. Honestly, I would have to go back and recheck to make sure how deep it is.
Pages 16, 26-27
Who paid for the installation?
The HOA. The total cost was $3,500. Pablo confirmed Bill Katz handed him a check from the HOA.
And who paid Pablo's Landscape this dollar amount?
I guess the HOA.
When you say you guess the HOA, was it the HOA or somebody else?
Bill Katz handed us a check from the HOA.
Page 28
What tools were used to dig the trench?
Hand tools only. The trench was dug with pickaxes and shovels.
What equipment did Pablos Landscape bring to the job?
Pickaxes and shovels.
Page 18