David Andersen, Natasha Andersen v. Talala Mshuja, Vernon Williams, the Williams Trust, Huerta’s Tree Service
Published: Dec. 24, 2010 | Result Date: Jun. 15, 2010 | Filing Date: Jan. 1, 1900 |Case number: CV163174 Verdict – Defense
Court
Santa Cruz Superior
Attorneys
Plaintiff
Eric C. Kastner
(Kastner Kim LLP)
Defendant
Experts
Plaintiff
Bruce McGuire
(technical)
Curt Dunbar
(technical)
James E. Allen
(technical)
Defendant
Joseph McNeil
(technical)
Facts
Plaintiffs David and Natasha Andersen alleged that their neighbor, Talala Mshuja, and his brother, Vernon Williams, intentionally hired a tree trimming company to cut some redwood trees and vegetation on their adjacent property.
The Andersens sued Mshuja, Williams, the Williams Trust, and Huerta's Tree Service alleging trespass and invasion of privacy.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that defendants intentionally trespassed onto their land, removing and de-limbing several of its trees and vegetations without their permission. Plaintiffs claimed that Mshuja had the work done while they were out of town so that they would not know about it. They further claimed that Mshuja began a campaign of harassment against them after the lawsuit was filed.
DEFENDANTS' CONTENTIONS:
Mshuja and Williams claimed that Huerta's was 100 percent liable for all of the damages. Huerta's denied all allegations that they were liable for any of the alleged causes of action.
Settlement Discussions
Huerta's settled with plaintiffs for $75,000 a month prior to trial.
Damages
Plaintiffs sought damages for the cost of trees and vegetation restoration in the amount of $106,436.72, plus treble damages for a total of $319,310.16 for the damage to their property. They sought an additional $121,600 in attorney fees and $140,000 in emotional distress damages. Their total demand was $580,190.
Result
The jury found Huerta's 100 percent liable, and rendered a defense verdict for the remaining defendants.
Deliberation
four hours
Poll
12-0
Length
seven days
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