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CONFIDENTIAL

Jul. 1, 2003

Real Property
Trespass
Tree

Confidential

Settlement –  $74,500

Court

Marin Superior


Attorneys

Plaintiff

Barri Kaplan Bonapart


Defendant

James W. Pincin


Facts

The plaintiffs owned a stand of mature eucalyptus trees, which afforded privacy between their home and adjacent lots and shade, as well as a habitat and nesting ground for various forms of wildlife. The defendant developer and his logging contractor clear cut the plaintiffs' trees without their authorization or permission. A cross-action was filed by the defendants against the surveyor for professional negligence.

Settlement Discussions

$74,500 of which $34,500 was paid by the cross-defendant (the surveyor) and $40,000 was paid by the defendant construction company and the developer of the adjacent property.

Other Information

A mediation was held before Gary Friedman of Mill Valley.


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