Confidential
Settlement – $53,000Judge
Court
L.A. Superior Pasadena
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Franklin Barnes
(technical)
Robert H. Wallace
(technical)
Defendant
Martin Whitcomb
(technical)
Darren Whitcomb
(technical)
M. Michael Cole
(technical)
Facts
Plaintiffs and defendant own adjoining residential properties. Along the rear of defendant's property is a large carob. The branches and roots of the tree extend onto the plaintiffs' property. The roots of the tree were causing damage to plaintiffs' garage and driveway by lifting and cracking the driveway and causing the garage structure to lift. Plaintiffs claimed that when the plaintiffs complained to the defendant and asked that the tree be trimmed, defendant intentionally made racially derogatory remarks about plaintiffs. The plaintiffs contended that the tree was a continuing nuisance, causing damage to the plaintiff's property. The plaintiffs also contended that the remarks made by defendant were defamatory and caused him emotional distress. The defendant contended that the tree was not causing damage to the plaintiffs' property and that defendant did not act intentionally to injure the plaintiffs. The plaintiffs brought this action against the defendant based on trespass, continuing nuisance and defamation theories of recovery.
Settlement Discussions
At the settlement conference, plaintiffs claimed their initial demand was $65,000 and the initial offer was $25,000.
Damages
The plaintiffs claimed $75,000 in damages.
Injuries
The plaintiffs claimed to suffer emotional distress and property damage.
Other Information
The settlement was reached approximately one year and five months after the case was filed. A mediation was held on July 9, 1997 before Hon. William Schoettler resulting in some progress but no resolution. At a fifth session of a mandatory settlement conference, the matter settled.
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