Facts

Columbia Channel Gold Mining Co. sued David Kubich, Patricia Kubich and Kubich Lumber Co., involving allegations of trespassing.

PLAINTIFF'S CONTENTIONS:
Plaintiff allegedly entered into a timber sale agreement with defendants for $250,000. However, defendants' timber harvesting caused damages to plaintiff's property, including potentially causing water quality issues and plaintiff had been complaining about defendant's timber harvesting since December 2010. Plaintiff alleged that defendants were harvesting trees that were not marked for harvesting and/or leaving high stumps, among other things. Plaintiff asserted causes of action for breach of contract, negligence, negligent selection, trespass to timber, and waste.

DEFENDANTS' CONTENTIONS:
Defendants alleged that plaintiff only began lodging complaints at the end of the 15-year deal for unknown motivations. Defendants also contended that their harvesting activities were within CAL Fire standards, and that their work was highly praised by CAL Fire. Defendants also denied any water quality issues.

Settlement Discussions

Columbia made a CCP 998 demand of $800,000. Defendants countered with a CCP 998 offer of $225,000.

Damages

Columbia sought over $1.5 million in damages.

Result

The jury rendered a verdict in favor of the defense on all causes of action.