Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

Star NFL safety's lawsuit against La Jolla billionaire's son Harry Rady to play out in court

A judge issued tentative ruling denying Troy Polamalu's motion for summary judgement against Harry Rady

Safety for the Pittsburgh Steelers and resident of La Jolla, Troy Polamalu, is far from snatching victory in his lawsuit against Harry Rady, son of billionaire philanthropist Ernest Rady, and the realtors who sold Rady's former La Jolla home to Polamalu's for $4.75 million in 2009.

In a March 8 tentative ruling from Judge William Dato, Polamalu's request for a summary judgement was shot down, and will likely result in the case going to to trial.

Polamalu filed the lawsuit months after 2,000 square feet of his backyard slipped down the canyon behind his house during a December 2010 rain storm. The cause of the landslide, alleges Polamalu, was due to an non-permitted backyard renovation conducted by the Radys.

In his lawsuit, which Voice of San Diego writer Randy Dotinga first covered back in June 2011, the Pittsburgh Steeler defender claimed that the owners and developers "allegedly made misrepresentations to the Polamalus, including that the improvements complied with building codes, there were no drainage problems, and there were no defects regarding soil, grading, draining, retaining walls, doors, and windows."

Polamalu is seeking a refund on the house and to recoup the millions of dollars he spent on home improvements.

In December of last year, Polamalu asked the court for a summary adjudication on five issues:

(1) HRMR had a duty to disclose that it added fill to expand the backyard; (2) they are entitled to judgment against the developer defendants for negligent misrepresentation based on their non-disclosure of the fact that HRMR added fill to expand the backyard; (3) they are entitled to judgment against the developer defendants for concealment and intentional fraud based on their non-disclosure of the fact that HRMR added fill to expand the backyard; (4) they are entitled to judgment for rescission of the purchase agreement based on mistake regarding HRMR's addition of fill to expand the backyard; and (5) they are entitled to judgment for rescission based on fraud regarding HRMR's addition of fill to expand the backyard."

Judge Dato's decision, tentative decision, to squash the motion was based on the fact that there was no reasonable evidence that a trial was not needed.

But Polamalu wasn't the only loser in terms of court motions. The realtors in the case, Willis Allen Real Estate and Daniels, filed their own motion for summary judgement.

The realtors claimed that there was no evidence they knowingly tried to defraud Polamalu.

In their motion for summary adjudication of the concealment claim, realtors argue there is no evidence they knew of any undisclosed material facts or intended to defraud plaintiffs. With respect to intentional misrepresentation, they argue there is no evidence they knew their statements were false or they intended to defraud plaintiffs. Realtors contend they are not liable for negligent misrepresentation because plaintiffs cannot show they made a positive assertion of fact or that they had no reasonable grounds for believing the seller's representations.

The judge will give a final ruling at a 1:30pm hairing...hearing on Friday April 5.

http://sandiegoreader.com/users/photos/2013/mar/29/42823/

Here's something you might be interested in.
Submit a free classified
or view all

Previous article

The greatest symphonist of them all

Havergal Brian wrote over 30 of them
Next Article

Mang Tomas, banana ketchup barred in San Diego

What will happen to Filipino Christmas here?

Safety for the Pittsburgh Steelers and resident of La Jolla, Troy Polamalu, is far from snatching victory in his lawsuit against Harry Rady, son of billionaire philanthropist Ernest Rady, and the realtors who sold Rady's former La Jolla home to Polamalu's for $4.75 million in 2009.

In a March 8 tentative ruling from Judge William Dato, Polamalu's request for a summary judgement was shot down, and will likely result in the case going to to trial.

Polamalu filed the lawsuit months after 2,000 square feet of his backyard slipped down the canyon behind his house during a December 2010 rain storm. The cause of the landslide, alleges Polamalu, was due to an non-permitted backyard renovation conducted by the Radys.

In his lawsuit, which Voice of San Diego writer Randy Dotinga first covered back in June 2011, the Pittsburgh Steeler defender claimed that the owners and developers "allegedly made misrepresentations to the Polamalus, including that the improvements complied with building codes, there were no drainage problems, and there were no defects regarding soil, grading, draining, retaining walls, doors, and windows."

Polamalu is seeking a refund on the house and to recoup the millions of dollars he spent on home improvements.

In December of last year, Polamalu asked the court for a summary adjudication on five issues:

(1) HRMR had a duty to disclose that it added fill to expand the backyard; (2) they are entitled to judgment against the developer defendants for negligent misrepresentation based on their non-disclosure of the fact that HRMR added fill to expand the backyard; (3) they are entitled to judgment against the developer defendants for concealment and intentional fraud based on their non-disclosure of the fact that HRMR added fill to expand the backyard; (4) they are entitled to judgment for rescission of the purchase agreement based on mistake regarding HRMR's addition of fill to expand the backyard; and (5) they are entitled to judgment for rescission based on fraud regarding HRMR's addition of fill to expand the backyard."

Judge Dato's decision, tentative decision, to squash the motion was based on the fact that there was no reasonable evidence that a trial was not needed.

But Polamalu wasn't the only loser in terms of court motions. The realtors in the case, Willis Allen Real Estate and Daniels, filed their own motion for summary judgement.

The realtors claimed that there was no evidence they knowingly tried to defraud Polamalu.

In their motion for summary adjudication of the concealment claim, realtors argue there is no evidence they knew of any undisclosed material facts or intended to defraud plaintiffs. With respect to intentional misrepresentation, they argue there is no evidence they knew their statements were false or they intended to defraud plaintiffs. Realtors contend they are not liable for negligent misrepresentation because plaintiffs cannot show they made a positive assertion of fact or that they had no reasonable grounds for believing the seller's representations.

The judge will give a final ruling at a 1:30pm hairing...hearing on Friday April 5.

http://sandiegoreader.com/users/photos/2013/mar/29/42823/

Sponsored
Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Jehovah’s Witnesses get relief from appellate court

Judge Lewis could have gotten documents with lighter sanctions in Linda Vista case
Next Article

City appeals judge's decision to award former pension officials over $5 million in damages

Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.

This Week’s Reader This Week’s Reader