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Real Property
Adjacent Property
Water Damage

Eileen Sikora v. Carl Takechi, Cathy Takechi and Carole Arnold

Published: May 18, 1996 | Result Date: Mar. 20, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 742018 –  $0

Judge

Frederick P. Horn

Court

Orange Superior


Attorneys

Plaintiff

Tracy H. Ettinghoff
(Law Office of Tracy H. Ettinghoff)


Defendant

David C. Werner

Kelly A. Woolsey


Experts

Plaintiff

John A. Sayers
(technical)

Keith Daniels
(technical)

Defendant

Jack Eagen
(technical)

Kevin Zeigler
(technical)

Facts

In February of 1992, the plaintiff, Eileen Sikora, first sustained damage to the interior and exterior of her home due to water intrusion. The plaintiff contended that the defendant, Carole Arnold, had made improvements to her home, consisting of a patio and a drainage system, which resulted in water flowing to the plaintiff's home on numerous occasions causing the damage. The defendants, Carl and Cathy Takechi, were the homeowners who purchased their home from the defendant, Carole Arnold. The plaintiff brought this action against the defendants based on negligence and injunctive relief theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $12,000. The defendant, Carole Arnold, made a C.C.P. º998 offer of compromise for $5,000. The defendants, Carl and Cathy Takechi, settled prior to trial for $15,000.

Damages

The plaintiff claimed $50,000 in property damage to the interior and exterior of her home.

Other Information

The verdict was reached approximately three years and four months after the case was filed. A settlement conference was held on October 12, 1995, before Judge Horn of Orange County Superior Court which did not resolve this matter.

Deliberation

2+ days

Poll

12-0

Length

4 days


#109423

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