Victor Holbrook, Jean Hale v. Anthony Rafello dba Anthony's Awnings
Published: Oct. 29, 2002 | Result Date: Oct. 30, 2001 | Filing Date: Jan. 1, 1900 |Case number: 410540 – $105,000
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Ernest Renner
(technical)
Facts
The parties owned adjoining properties in a commercial district. When the plaintiffs purchased their building they learned for the first time that the defendant had removed a boundary fence and had construction work carried out on his property which consisted of 70 tons of drain rock and six inches of reinforced concrete poured against a wall of the plaintiffs' building. The plaintiffs commissioned a land survey that showed that the defendant's construction did indeed encroach onto the plaintiffs' property. Negotiations between the parties for the removal of the encroachments failed and the plaintiffs filed a lawsuit against the defendant for injunctive relief to remove the encroachments and for water damage caused by the encroachments.
Settlement Discussions
The plaintiffs submitted a demand of $180,000 plus the cost of the removal of the encroachments. The defendants offered $105,000.
Damages
The plaintiffs sought injunctive relief too remove the encroachments, plus compensation for the water damage.
Other Information
The trial was bifurcated and the court found in favor of the plaintiffs and issued an injunction requiring a removal of the encroachments. PLEASE PROVIDE THE FAX NUMBER OF THE DEFENDANT'S ATTORNEY.
Length
four days
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