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Negligence
Adjoining Property

Karen Cicero v. Bonnie Ember, Chris Berro

Published: Jun. 8, 1996 | Result Date: May 10, 1996 | Filing Date: Jan. 1, 1900 |

Case number: SC037690 –  $157,773

Judge

Hiroshi Fujisaki

Court

L.A. Superior Central West


Attorneys

Plaintiff

Christine Lyden


Defendant

Larry E. Robinson


Experts

Plaintiff

L. Peter Petrovsky
(technical)

Larry Young
(technical)

Defendant

Scott Hogrete
(technical)

Facts

In 1991 to 1992, the defendants, Bonnie Ember and Chris Berro, excavated a hillside adjoining plaintiff Karen Cicero's property in Malibu Lake. The excavation undermined lateral support of the hillside, causing the hillside to slide into the plaintiff's property. The defendants also installed a septic system five feet from the plaintiff's home. The plaintiff brought this action against the defendants based on continuing nuisance and negligence theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $200,000. The defendants made a C.C.P. º998 offer of compromise for $15,000.

Damages

The plaintiff claimed $85,500 in damages ($80,000 to rebuild the wall and $5,500 to clean up the mudslide). The plaintiff also claimed unspecified damages from nuisance (interference of use of property).

Other Information

The verdict was reached approximately ten months after the case was filed. Three settlement conferences were held before Judge Ruben. They did not resolve the matter.

Deliberation

2 days

Poll

9-3

Length

5 days


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