Kapture v. Lancer, et al.
Published: Nov. 29, 2001 | Result Date: Jul. 21, 2001 | Filing Date: Jan. 1, 1900 |Case number: LC048012 Verdict – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Anthony L. Cannon
(Cannon & Nelms PC)
Experts
Plaintiff
Ron Koester
(technical)
Paul Bogseth
(technical)
Gerald Lehmer
(technical)
Steven Provenghi
(technical)
Awtar Singh
(technical)
Laurence N. Sommer
(technical)
John T. Tsao
(technical)
David Krause-Leemon
(technical)
James Olbinski
(technical)
Leroy Crandall
(technical)
Facts
This action concerned a hillside slope failure that occurred on Feb. 27, 1998 in Encino. Tons of earth on a steep
slope below the homes of defendants Lancer and Locelso/Briskin broke away from the slope and came
cascading down. The slide included concrete drains that had previously been inserted to stop water build-up
and prevent slides. The slide stopped only at the wall behind the residence of plaintiffs Larry and Linda Rauch
and to a lesser extent, behind their next-door neighbors, plaintiffs Bradley and Mitzi Kapture. The failure made
the already steep slope almost vertical at the area of failure. It was subsequently determined that the failure
extended to the adjacent hillside property of defendants Orloff, just east of the Locelso/Briskin property, whole
lot and hillside were directly above the Kaptures.
The Lancer, Locelso/Briskin and Orloff defendants all lived on Estrondo Drive, at the top of the slope that
failed and the slope that failed was their property. Both plaintiff couples lived at the bottom of the slope, on
Ashley Oaks and had no ownership or responsibility for the slope. City Building and Safety officials originally
"red-tagged" both the KapturesÆ and the RauchsÆ residences, though they were later yellow-tagged. Rain
turned the now-denuded slope into a sea of mud, which flowed to the plaintiffsÆ downslope properties and
overflowed the RauchsÆ rear wall, and then flowed through their property to the street. Some debris also made
its way onto the KapturesÆ property.
Subsequently, the defendants and their insurers arranged to have the damaged area of the slope bulldozed and
"visqueen" plastic sheeting applied over the affected areas as a temporary measure to stem further soil erosion
and earth movement.
Settlement Discussions
The Kapture plaintiffs settled shortly before trial. The Kaptures received $150,000 and promises by the defendantsÆ insurers to make a full-scale hillside repair immediately.
Result
Prior to trial, the plaintiff Kaptures agreed to settlement with the defendants. With the settlement of the case, the defendants and their insurers have agreed to an immediate, permanent, full-scale repair of the slope, including major excavation, an extensive caisson system and a series of retaining walls. This was designed by Awtar Singh, Ph.D. and was consistent with Los Angeles City Building Code requirements. Additionally, the defendants agreed to pay $150,000 in cash to the Kaptures. The Rauch plaintiffs went to trial after the Kaptures settled and received $85,000 in damages.
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