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CONFIDENTIAL

Oct. 10, 1998

Real Property
Inverse Condemnation
Flood

Confidential

Settlement –  $168,000

Judge

Lawrence W. Crispo

Court

L.A. Superior Central


Attorneys

Plaintiff

Mark S. Roth
(Cozen O'Connor)


Defendant

Tari L. Cody


Facts

On Sept. 6, 1995, the plaintiffs suffered water damage to their residence located in Calabasas. The loss was caused by a water main break in the street in front of their residence. The water main was owned, controlled and maintained by the defendant. As a result of the broken water main, water flowed down the driveway, over the front yard slope and around the side yards. The water caused substantial erosion and damaged the interior of the home. The plaintiff brought this action against the defendant based on an inverse condemnation theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $ ______. The defendant made a C.C.P. º998 offer of compromise for $ ________.

Damages

The plaintiffs claimed damages totalling approximately $240,000. That amount included approximately $50,000 in additional living expenses which were not recoverable under inverse condemnation.

Other Information

The settlement was reached approximately one month after the case was filed.


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