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Real Property
Fraud
Nuisance

Blossie; Gobert, et al. v. Donald Forbes, et al.

Published: Oct. 17, 1998 | Result Date: Aug. 11, 1998 | Filing Date: Jan. 1, 1900 |

Case number: C9704919 Verdict –  $0

Judge

John F. Van de Poel

Court

Contra Costa Superior


Attorneys

Plaintiff

Cathye Leonard


Defendant

Wayne V.R. Smith


Experts

Plaintiff

Michael R. Sherwood
(technical)

Defendant

Robert F. Kramer
(Dentons US LLP) (technical)

Facts

In September 1997 defendants, Donald and Susan Forbes, constructed a storage shed on their property. The plaintiffs, Blossie and Paul Gobert, claimed it obstructed their view and was built in violation of the CCRs. The defendants claimed they showed plans for shed to plaintiffs and obtained their consent. The plaintiffs claimed they never saw plans showing a shed. The plaintiffs brought this action against the defendants based on fraud and nuisance, seeking actual and punitive damages.

Settlement Discussions

Per defendants, they offered to lower the height to 7 feet, 6 inches but plaintiffs rejected the offer.

Damages

The plaintiffs claimed $300,000 in damages.

Other Information

The verdict was reached approximately 10 months after the case was filed. A settlement conference was held on Aug. 3, 1998, before Judge John F. Van de Poel resulting in no settlement.

Deliberation

20 minutes

Poll

12-0

Length

two days


#112492

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