Foundation
1998 – 2021
1998
Newsletter Prohibits Homeowners from Touching Slopes
The community newsletter formally states homeowners are not permitted to maintain or plant on slopes, attributing the prohibition to insurance requirements.
"Due to insurance stipulations, homeowners are not permitted to plant anything, nor to attempt to maintain [slopes]. They are maintained by the gardeners by contract with the homeowners association."
1998 Las Brisas Newsletter (Sandra Depo, Exhibit)
February 2019
HOA Installs French Drain on Lot 139
Board member Bill Katz leads the installation of a French drain using perforated pipe. The work is performed by Pablos Landscape, a landscaping company. No civil engineer is consulted. No written report or engineering plan is created. Cost: approximately $3,500 from reserves.
Source: Bill Katz Deposition, pp. 47-51; Sandra Comouche Deposition, p. 83
2021
HOA Pays for Slope Repairs at Units 113-123
Slopes behind Units 113-123 require repair. The HOA hires GeoTek, pays for the work from community reserves. No individual homeowner is billed.
Source: HOA Executive Session Minutes
Jill Arrives
2022
April 4, 2022
Jill Purchases Unit 139
Jill Mann purchases Unit 139 at 2010 West San Marcos Blvd. Prior water issues on the property are not disclosed.
Source: Jill Mann Deposition, pp. 20-22
June 2022
HOA Repairs Broken Sprinklers
Jill discovers broken sprinklers on the slope behind her unit within the first week. The HOA repairs them without billing her, consistent with 35 years of practice.
Source: Jill Mann Deposition; Jill's Timeline
The Slope Failure
January – June 2023
April 11, 2023
Broken Sprinklers Photographed on Slope
Jill photographs broken and misaligned sprinklers on the slope behind her home. One sprinkler is shooting water straight up in the air. Water is pooling behind the broken heads. She leaves for Massachusetts the next day.
Source: Jill Mann Deposition, pp. 101-103 (Exhibit 1)
April 27, 2023
Slope Failure Discovered
A Green Horizons gardener discovers slope movement behind Unit 139. Jill is in Massachusetts and is not present.
Source: Santos Cruz Deposition (Green Horizons), p. 16; Kent Berchiolli Damage Report
April 28, 2023
HOA Takes Charge
Board member Paul Elsesser contacts Jill and tells her it is "HOA business." The HOA retains GeoTek for a geotechnical assessment without notifying Jill. Treasurer Sandra Comouche emails the board noting $98,622.99 in reserves for fences and slopes.
Source: Jill Mann Deposition, pp. 43, 64-65; Sandra Comouche Deposition, Exhibit
April 30 – May 5, 2023
Board Members Enter Private Property
Paul Elsesser and Bill Katz enter Jill's property to clear the French drains, using her garden hose. They do not ask permission or notify her.
Source: Jill's Timeline; Security camera footage
May 2, 2023
Board President Orders Repair
Board President Glenn Wargo emails the board. Kent Berchiolli sends a report titled "Preliminary Report on Common Area Slope Movement Behind Unit #139."
"Let us go ahead repairing/remediating the hill/slope."
Glenn Wargo, Board President, May 2, 2023 (Sandra Depo, Exhibit; Kent Berchiolli Depo)
May 17-18, 2023
GeoTek Conducts Investigation
GeoTek performs exploratory digging at the site to determine a plan for the slope repairs. The HOA pays $10,000 for the investigation.
Source: Steven Runyan Deposition (GeoTek), pp. 10-12
The Reversal
July – November 2023
July 11, 2023
The Reversal
For the first time in 35 years, HOA counsel sends a letter asserting that slope repair is the individual homeowner's responsibility, shifting the cost to Jill Mann. The letter arrives four days after GeoTek's repair estimate. On July 19, a second letter tells all homeowners slopes are their responsibility, while the existing prohibition on homeowners touching slopes remains in place.
Source: Jill Mann Deposition, pp. 47-48; HOA Counsel Letters, July 11 & 19, 2023
July 14-21, 2023
HOA Continues Watering the Failing Slope
Despite GeoTek recommending that irrigation be stopped to prevent further slope movement, the HOA continues running sprinklers on the slope on multiple occasions through July and into August.
Source: Jill's Timeline; Photos dated July 14, 20, 21, 2023
July 23, 2023
Kent Berchiolli Defends 35-Year Practice
Kent Berchiolli emails the board defending the community's 35-year practice of HOA slope responsibility.
"This poses a radical change of what has been the precedence of this community for over 35 years."
Kent Berchiolli, Former Board President (Kent Depo, pp. 65, 95)
August 2, 2023
HOA Cuts Landscape Chair's Funding
The board cuts off Kent Berchiolli's landscaping budget. He can no longer purchase plants, hire vendors, or maintain slopes. The board stops responding to his communications about deteriorating slope conditions across the community.
Source: Kent Berchiolli Deposition; Jill's Timeline
November 27, 2023
Mediation Fails
Mediation is attempted but fails to reach resolution, satisfying the mandatory ADR requirement under Civil Code Section 5950.
Source: Court filings
Repairs & Lawsuit
2024
April 18, 2024
Slope Repair Completed: $65,434.81
Mountain Movers Engineering completes the slope repair. The HOA levies the full $65,434.81 as a special assessment against Jill, plus 12% annual interest.
Source: Sandra Comouche Deposition; HOA Notice of Hearing
May 2024
French Drain Found Counterproductive
GeoTek's As-Graded Report reveals that the HOA-installed French drain's perforated pipe was reintroducing surface water into the subsurface behind the retaining wall. GeoTek recommends sealing the area drains with watertight caps and installing a swale or V-ditch to redirect surface water.
"Surface water that is collected at the area drains is being introduced into the subsurface directly behind the existing retaining wall."
GeoTek As-Graded Report, May 2024 (Runyan Depo, pp. 24-25)
September 23, 2024
Jill Files Lawsuit
Jill files suit alleging breach of equitable servitudes, breach of fiduciary duties, negligence, and seeking declaratory relief.
Source: Complaint, Case No. 24CU015304N
November 8, 2024
HOA Files Cross-Complaint with Foreclosure Threat
The HOA counter-sues Jill for $65,434.81 plus 12% annual interest and seeks judicial foreclosure, which could force the sale of her home.
Source: Cross-Complaint, Case No. 24CU015304N
Late 2024
Mountain Movers Goes Out of Business
Mountain Movers Engineering closes. The $65,434.81 repair has no warranty. Any defects in the repair work have no recourse.
Source: Sandra Comouche Deposition
Discovery & Settlement
2025 – 2026
March 13, 2025
Court Denies HOA's Emergency Assessment Motion
Judge Freeland denies the HOA's motion for a court-ordered emergency special assessment. The court finds the HOA cited no authority to self-request a judicial obligation under Civ. Code 5610(a), and that only Jill was served, not the 169 homeowners who would bear the assessment.
Source: Tentative Ruling on Emergency Special Assessment, March 13, 2025
2025
HOA Amends CC&Rs During Lawsuit
The HOA amends the CC&Rs to explicitly distinguish "maintenance" from "repair." This distinction did not exist in the original CC&Rs. The HOA's own treasurer testified the originals were "ambiguous."
"Because there was such ambiguity about who was responsible for what."
Sandra Comouche, HOA Treasurer/PMQ (Sandra Depo)
2025
GeoTek's Drain Recommendations Still Not Implemented
GeoTek recommended sealing the area drains with watertight caps in 2024. As of Dr. Huang's May 2025 site inspection, the drains remain uncapped.
Source: Steven Runyan Deposition (GeoTek), pp. 24-25; Dr. Huang Deposition, p. 90
February 2026
Settlement Vote Pending
A proposed $295,000 settlement awaits a community ballot vote. With 169 homes, a quorum of 85 must vote and a majority of returned ballots must approve. If the vote fails, the case proceeds to trial on June 5, 2026. The cost is approximately $1,745.56 per home.
Source: Settlement Proposal & Ballot Process, Feb 2026
Present Day
The community ballot vote is underway. The outcome will determine whether this case settles or proceeds to trial on June 5, 2026.