San Ysidro Partnership, Letherby Family Creamery Inc. v. Grace Ettl, Grace Ettl as trustee of the Grace Ettl Trust, et al.
Published: Jun. 1, 2005 | Result Date: Feb. 9, 2005 | Filing Date: Jan. 1, 1900 |Case number: CVCS031817 Verdict – $0
Judge
Court
Sutter Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
George R. Post
(technical)
Thomas E. Eskelson
(technical)
Larry Ernst
(technical)
Defendant
Bill Aten
(technical)
David K. Smith
(technical)
Robert D. Campbell
(technical)
Julian W. Whaley
(technical)
Facts
The plaintiffs were the purchasers of property in Meridian in August 2001 and sued the owners and lessors of adjacent properties to the north and east of their acreage. The plaintiffs argued that as a result of the plaintiffs planting, growing and harvesting of rice, there was water seepage which damages the plaintiffs' walnut trees. The defense maintained that the plaintiffs assumed the risk of the seepage, failed to mitigate their damages and that in any event the plaintiffs' alleged damages were speculative. They also argued that the plaintiffs had, prior to their acquisition of the property, a 30-day Due Diligence period during which they could have discovered the potential issues relating to underground rice growing.
Settlement Discussions
The plaintiffs' final demand was $60,000. The defense offered to purchase the plaintiffs' 50 acres for $120,000 with 15 to 17 acres being the subject of the suit. On another occasion, the defense offered $10,000 for all damages and fees.
Damages
The plaintiffs argued that 407 trees had to be removed at a cost of $254 per tree. The plaintiffs asked the jury to award double or treble damages as compensation, pursuant to C.C.P. 3346 and 733 as well as attorney fees (C.C.P. 1021). The plaintiffs also claimed that 300 trees sustained one year of stunted growth with a value of $7 per tree. The plaintiffs also sought an injunction restricting the location of the defendants' rice operations in the future.
Result
The court granted an injunction restricting the future rice plantings by the defendants retaining jurisdiction to assure compliance. The jury reached a defense verdict on liability. The plaintiff's motion made during trial for directed verdict on liability for trespass and nuisance was denied.
Deliberation
one day
Length
two weeks
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