Federal judge remands 'black water' suit back to Harris Co.

John Suayan, Galveston Bureau Dec. 2, 2013, 12:32pm

HOUSTON - A lawsuit centering on a Spring house allegedly flooded by "black water" is no longer on the federal docket, according to recent court records.

U.S. District Court Judge Lee H. Rosenthal issued an order in late September that sent Stephen and Dana Cabler's suit against a California couple back to Harris County District Court.

The Cablers initiated legal action against Oakley, Calif., residents Henrique and Lisa Pinguelo earlier this year on allegations the latter misrepresented certain statements on their disclosure notice.

The suit was filed Feb. 25 in Harris County District Court, but was removed to Houston federal court on May 22.

According to the plaintiffs, the Pinguelos informed them the subject property did not have any “detects or malfunctions with the plumbing systems and that there was no item, equipment or system in or on the property that was in need of repair.”

The defendants also acknowledged there was a bath overflow which they said was taken care of, the suit says.

It counters the Cablers encountered flooding in March 2010 and rendered the residence unlivable because of the apparent contamination, asserting sewer water flooded the edifice again after the couple purchased it nearly a year later.

Both parties spent late June going over the case's eventual remand.

Judge Rosenthal's order, dated Sept. 27, says they submitted a binding stipulation that the plaintiffs "will not seek or accept damages exceeding $74,999."

Case No. 4:13-CV-1494

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