Holguin v. Dish Network LLC
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Defendants DISH Network LLC, AT&T Corporation, and EchoStar Satellite LLC appealed a judgment and two postjudgment orders in favor of plaintiffs Manuel and Deborah Holguin following a jury trial on the Holguins' complaint for breach of contract, negligence, and other torts. DISH, AT&T, and EchoStar argued that the trial court erred by denying their motion for judgment notwithstanding the verdict and for a new trial and by granting contractual attorney fees to the Holguins. The Holguins cross-appealed, arguing the court abused its discretion in making an award of attorney fees that allegedly did not fully compensate the Holguins' attorneys. The Holguins ordered a bundle consisting of telephone, Internet, and satellite television services. A DISH technician arrived at the Holguins' home to install the satellite dish and related equipment. The installation did not go as planned. The DISH technician drilled through a sewer pipe in the wall, fed a satellite television cable through it, and patched the wall without repairing the pipe. The Holguins did not discover the improper installation until 14 months later. In the intervening time, the damaged pipe leaked sewer water into the surrounding wall cavity and caused mold buildup in the Holguins' home. As a result, the Holguins suffered respiratory problems and other health issues. A DISH representative told the Holguins that DISH would reimburse them if they did not want to live in their house pending repair work, but the Holguins never received reimbursement. The Holguins retained an attorney and an industrial hygienist, who told the Holguins that there was still extensive mold growth even after remediation work. In particular, there was evidence of mold growth in other areas of the Holguins' home, in addition to the area immediately surrounding the damaged pipe. The Holguins asked DISH to complete the remediation and repair, but DISH did not do any additional work. The Holguins eventually hired their own contractor, who performed the remediation and repair at the Holguins' expense. DISH California admitted that the Holguins' satellite television equipment was negligently installed, but it denied that it was responsible for damages beyond the cost of repairing the pipe and certain incidentals. Aside from DISH California's admission of negligence, the defendants denied all of the Holguins' claims. Finding no reversible error, the Court of Appeal affirmed the trial court's denial of defendants' posttrial motions, and the trial court's order awarding attorney fees.
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