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Real Property
Trespass

Paul Carrick v. James Williams, April Williams and Joseph Waddle

Published: Dec. 2, 2006 | Result Date: Jun. 27, 2006 | Filing Date: Jan. 1, 1900 |

Case number: 105CV047942 Settlement –  $75,000

Court

Santa Clara Superior


Attorneys

Plaintiff

Barri K. Bonapart


Defendant

Christopher G. Rudy


Experts

Plaintiff

Bruce W. Hagen
(technical)

Raymond F. Moritz
(technical)

Facts

Plaintiff Paul Carrick owns property in Los Gatos. One of plaintiff's parcels of land contained trees and shrubs which provided privacy for his renters' home. The greenery also served as a habitat for a number of wildlife species.

Plaintiff's neighbors, defendants Joseph Waddle and April and James Williams, cut down some of the greenery while plaintiff was out of town. They opined that their actions were privileged, as threat of a fire made a "fire break" necessary.

Damages

Plaintiff claimed $61,811.

Result

The parties reached a $75,000 settlement.


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