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Real Property
Injunctive Relief
Adjoining Property

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

Quentin L. Kopp

Court

San Mateo Superior


Attorneys

Plaintiff

Daniel J. Clark

David J. Rude


Defendant

Ronnie L. Leaf


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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