Confidential
Settlement – $112,737Court
Santa Clara Superior
Attorneys
Plaintiff
Anthony Marsh
(Law Office of Anthony Marsh)
Defendant
Facts
The plaintiffs were the downhill neighbors of the defendants. In approximately December 1996
through January 1997, a landslide occurred at the bottom of the hill on the defendantsÆ property.
This caused damage to a concrete drainage ditch on the plaintiffsÆ property, wrought iron fencing
and landscaping. Additionally, it inundated the plaintiffsÆ property with dirt. The parties
subsequently negotiated an emergency repair performed in December 1997 in order to stop the
landslide from continuing to move. A portion of the initial investigation and emergency repair
costs were paid for by the partiesÆ insurers and the rest by the plaintiffs and defendants S and W.
The plaintiffs demanded that the entire hillside be repaired as various portions of the hillside had
been subject to shallow landslides during the prior several years and the hillside represented a
continuing threat to the plaintiffsÆ property.
Settlement Discussions
The plaintiffs demanded $144,864 in mediation, which included $30,000 in general damages and another $30,966 for out-of-pocket expenditures and investigative costs, which were personally incurred. The cost of repair was $83,900. The case settled for $95,000, plus reimbursements totaling approximately $17,737 for a total of $112,737.
Other Information
<M>The case settled at a mediation in front of Jack Schwartzman. A unique aspect of this case is that mediator Jack Schwartzman of Griffiths & Castle, agreed to act as the stakeholder during the course of the repairs because the repairs were being performed on three separate properties. The repairs were completed in July and August 2001.</M>
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