A West Hollywood homeowners association and Mischa Barton have settled a lawsuit that alleged the actress damaged the plaster-covered awning over the entrance to the plaintiff’s property by crashing into it with a rented moving truck in 2017.
Lawyers for the Park Wellington Owners’ Association filed a notice of settlement on Tuesday with Los Angeles Superior Court Judge Elizabeth Allen White. No terms were divulged.
The suit filed in October 2017 alleged negligence and sought nearly $27,000 in damages from Barton, who’s best known for appearing in the teen soap opera “The O.C.,” which aired from 2003 to 2007 on Fox. In their court papers, the actress’ attorneys denied any wrongdoing on her part.
The plaintiff maintained that Barton, 33, should have known the entryway structure was not high enough for the truck to pass under it.
“As a result of Barton’s attempt to do so, the top of the vehicle struck the overhead support beams of the entry way, causing significant structural damage to the association’s property,” the lawsuit alleged.
A large sign in front of the driveway to the property states that no commercial vehicles are allowed, and a police report stated that Barton was at fault for hitting the awning and for speeding, the complaint said. The city of West Hollywood had to post an “unsafe” sign because the damage done to the structure on Feb. 11, 2017, was so severe, according to the suit.
The association demanded that Barton pay for the damage, but she said a former boyfriend, Adam Spaw, rented the truck, according to the lawsuit. Spaw’s insurance carrier denied the association’s claim and Barton still refused to pay for the damages, according to the plaintiff’s court papers.
A celebrity website that employed photographers who were following the actress posted a video of the crash, the suit stated.
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