Facts

Rose Tsai owns a residential property next door to property owned by defendants Jimmy and Joanne Chan. On Feb. 1, 2007, the defendants obtained a city permit to alter their property. Plaintiffs claimed that notice was not provided to neighbors within 300 feet from the property, that construction permits were being sought, in accordance with San Francisco Building Code Section 311.

Plaintiffs also alleged that building permits were obtained through use of forged engineering stamp; the building exceeded height and width approved by Department of Building Inspections; notice of excavation required by Civil Code section 832 was not given; removal of sub-adjacent support through negligent construction of a retaining wall; fraudulent promise to modify building to center Bay Windows; and damage to light air and view through illegal construction causing diminution of property value.

Settlement Discussions

A CCP 998 demand was made for $400,000. A CCP 998 offer of $50,000 was made and was withdrawn a week prior to trial.

Damages

Plaintiffs sought damages in the amount of $965,000 for foundation repair for $90,000; building repair for $220,000, loss of rent since 2007 of $575,000; diminution in value of $80,000.

Result

The Court granted non suit on plaintiffs' claim for Unfair Business Practices, Conspiracy, and Public Nuisance.

Other Information

Zhou Construction Inc. and the City and County of San Francisco had also been named as defendants in the case initially. Plaintiffs settled with building contractor Zhou Construction Inc. for $85,000 during mediation. Also through mediation, the City and County of San Francisco obtained a dismissal for waiver of costs.

Deliberation

6 hours

Length

17 Days