Facts

The lawsuit arises out of the construction of a condominium project by defendants in the San Fernando Valley. Defendant The Salter Company constructed the project on land owned by defendant West Hills Townhouse Partners LLP. Defendant West Hills Millenium Homes was a partner of West Hills Townhouse Partners.

Plaintiff is the owner of an adjacent, up-slope property, which was designated as a historical monument. Plaintiff plead causes of action in two separate but consolidated complaints for loss of lateral support, trespass, nuisance and negligence. During trial, plaintiff withdrew her cause of action for nuisance.

PLAINTIFF'S CONTENTIONS:
Plaintiff brought this action based on loss of lateral support and negligence due to defendant's unshored excavation of the toe of the slope along the shared property line. Plaintiff also claimed that defendants trespassed upon her property, by building a fence and concrete swale encroaching on her land along the property line and caused damage to the slope and to the historic home due to destabilization of the slope. Plaintiff further alleged that defendants improperly trimmed her California pepper trees and over-excavated and tested upon her property, all without her permission.

DEFENDANT'S CONTENTIONS:
Defendants' experts and eyewitness testimony of the city inspectors both disputed the negligence claim. In addition, there was no supporting evidence that any earth movement occurred during the initial excavation phase. Further, defendants contended that there is no causal connection between the excavation and plaintiff's claimed damages.

Defendants' experts testified that there is no evidence of slope failure causing any of the claimed cracking throughout the plaintiff's residence. They further testified that there was no significant movement of the hillside and that any movement was not consistent with a landslide downhill.

Settlement Discussions

Defendant made a CCP 998 offer of $200,000.

Damages

Plaintiff's cost of repair totaled $4.1 million.

Result

The jury found for plaintiff regarding negligence and trespass, but defense verdict regarding causation.

Deliberation

4.5 hours

Length

four weeks