Facts

Shapell Industries Inc. began developing property in 2004 over 100 acres north of Silvana and Alexandra Egizii's home in Yorba Linda. C.W. Poss Inc. was hired as the grading contractor and Hunsaker & Associates-Irvine as the civil engineer. In Sept., Poss, for Shapell, constructed a 750-foot earthen berm across the natural drainage course for the property in preparation to build a lake. In October, during a rainstorm, the Egiziis' home was flooded with water and mud. Shapell paid for them to stay in a hotel for over a year while it was repaired.

PLAINTIFFS' CONTENTIONS:
The Egiziis filed suit against Shapell, C.W. Poss, and Hunsaker, alleging trespass and nuisance. Plaintiffs contended that they home was severely damaged, had mold, and that it took over 16 months to repair the home. The plaintiffs further contended that they had to evacuate in the middle of the night. They alleged significant disruption to their lives and emotional distress. Plaintiffs contend that the defendants were aware that they had constructed a defective dam above the Egizii's home, but chose not to repair it even though they had plenty of time.

DEFENDANT'S CONTENTIONS:
Shapell and C.W. Poss filed a cross-claim against Hunsaker, alleging it did not provide supervision for erosion control. They alleged breach of contract, seeking indemnity.

Result

The jury awarded the Egiziis $10,500. There was a confidential settlement with another defendant.

Other Information

Liability and causation had been admitted, but after the trial was over, the Judge added causation as an element that the plaintiffs had to prove. The case is currently on appeal regarding both the refusal to allow the issue of punitive damages go to the jury and adding an element to be proved after the trial was over.