Facts

Defendants John and Taran Butler own a 20-acre parcel on Tierra Rejada Road in the unincorporated portion of Simi Valley. Moshe Gedalia owns the 100-acre parcel directly to the west of the Butlers, and plaintiff Gedalia's property is contiguous to the Butlers. Patricia Snyder owns a 40-acre parcel directly west of Gedalia's property.

In 2002, Gedalia had a tenant on his property, Martin Desmond, who wanted to turn the Gedalia property into polo grounds. Desmond allegedly dumped thousands of truckloads of construction debris and dirt on Gedalia's property to level the ground. Gedalia found out about the dumping and sued Desmond. Before obtaining a default judgment against Desmond, Desmond left for his home country of England.

Gedalia then sued John and Taran Butler for trespass, nuisance and other causes of action related to the alleged dumping on his property. Further, the dumping that occurred on the Gedalia property crushed the drainpipes leading from the Butler property to the Gedalia property and water backfilled the Butler property, which caused complete flooding. This flooding also caused total destruction of the Butlers' paintball and shooting range business.

The Butlers cross-complained against Gedalia for nuisance, trespass and other causes of action. Runoff on the property runs from the Butler property, to the Gedalia property, to the Snyder property and then into Santa Rosa Creek. The dumping on Gedalia's property changed the course of the runoff, directing the flow of water downstream away from the culverts set up on Snyder's property. That change in the course of water undermined and flooded Snyder's road, causing a lake to form on the Gedalia/Snyder property line. This lake was a breeding ground for mosquitoes that were suspected of carrying West Nile virus and other noxious diseases. Snyder sued Gedalia for trespass, nuisance, and other causes of action.

PLAINTIFF'S CONTENTIONS:
Gedalia claimed that the Butlers dumped materials on his property, causing him damage.

DEFENDANTS' CONTENTIONS:
The Butlers claimed that any dumping onto the Gedalia property was committed by Desmond, to which the Butlers produced Gedalia's suit against Desmond. They also counter-sued Gedalia for trespass of water, which damaged their drainage pipes, for nuisance, and for interference with their paintball and shooting range businesses.

Snyder sued Gedalia for trespass, nuisance and other causes of action alleging diversion of drainage pipe runoff to a different part of her property. That diversion damaged Snyder's road, and caused a lake to form, which provided a breeding ground for mosquitoes suspected of carrying West Nile virus.

Result

Verdict for defendants/cross-complainants Butlers in the amount of $620,855 for special and general damages, plus $250,000 in punitive damages. Verdict for cross-complainant Patricia Snyder in the amount of $2,935,525 for general and special damages.