Joe E. Lozano and Virginia A. Lozano v. Behrooz Moghanian and Michele Moghanian and related cross-action
Published: Apr. 13, 1996 | Result Date: Mar. 22, 1996 | Filing Date: Jan. 1, 1900 |Case number: 683261 – $0
Facts
This action was originally filed by the plaintiffs/cross-defendants, Joe and Virginia Lozano ("the Lozanos"), who brought an action against the defendants/cross-complainants, Behrooz Moghanian, a 40-year-old estimator, and his wife Michele Moghanian, a 39-year-old homemaker ("the Moghanians"), for the alleged encroachment of a wall. The Moghanians had lived in their San Diego home since 1985. On July 23, 1993, the Lozanos moved next door to the Moghanians. The Moghanians alleged that the defendants and their teenage son threw garbage into their backyard (including toxic pool chemicals, a used condom filled with semen and other refuse). In addition, the Moghanians alleged that the Lozanos played loud music late at night and early in the morning causing their windows to shake and requiring them to leave their house. The Moghanians also alleged that the Lozanos flooded their property to destroy a wall which the Lozanos claimed encroached on their property and exhibited a large doll dressed in appearance with characteristics similar to that of the plaintiff, Behrooz Moghanian, in order to humiliate him. The Moghanians maintained that the Lozanos engaged in other activities including building a fence which was unfinished, an eyesore, a dangerous condition to their children and which made it difficult for the Moghanians to exit their vehicle in their driveway. The cross-complaint against the Lozanos was based on negligence, trespass, intentional infliction of emotional distress and negligent infliction of emotional distress theories of recovery and for injunctive relief. The Lozanos filed a complaint against the Moghanians regarding the removal of the wall that separated the properties. That claim for trespass and encroachment was decided in favor of the Moghanians by way of summary judgment in February of 1996.
Settlement Discussions
The Lozanos made a C.C.P. º998 offer of compromise for $7,500, which was rejected by the Moghanians.
Specials in Evidence
$1,500 undetermined
Damages
The Moghanians made a claim for compensatory, property and punitive damages.
Injuries
The Moghanians alleged that they suffered property damage, emotional distress, pain, nervousness, loss of sleep, agitation, humiliation, shame, anger, mental anguish, depression and stomach ailments as a result of the Lozanos' conduct.
Other Information
The verdict was reached approximately one year and one month after the case was filed. Mediation sessions were held in September and October of 1995 without resolving the matter. The court granted the Lozanos a non-suit with regard to the cause of action for negligent supervision after the close of the Moghanians' evidence. The jury also made a statement to the parties indicating that they would request that the Lozanos allow the Moghanians to paint the fence on the Moghanians' side of the property at their own cost.
Deliberation
+ day
Poll
12-0
Length
3+ days
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