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Real Property
Trespass
Nuisance

Heartland Grains & Milling, LLC and Prairie Flower Trucking, LLC v. Joseph Valera

Published: May 9, 2015 | Result Date: Feb. 19, 2015 | Filing Date: Jan. 1, 1900 |

Case number: SCV-253971 Verdict –  Defense

Court

Sonoma Superior


Attorneys

Plaintiff

Kenton J. Klassen


Defendant

Lincoln Tran


Experts

Defendant

Timothy Fitzpatrick
(technical)

Facts

Heartland Grains & Milling LLC and Prairie Flower Trucking LLC sued sheep owner Joseph Valera in connection with an alleged trespassing incident. Plaintiffs later transferred its interests in the property to Trinity Asset Holding Co. LLC, which was subsequently substituted as the plaintiff.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs, which owned a 4-acre property in Santa Rosa, discovered defendant's sheep grazing on their property, and that one of the sheep entered their residence, causing damages. Plaintiffs alleged that defendant's conduct constituted trespassing.

Plaintiffs filed causes of action for negligence, trespass, and private nuisance.

DEFENDANT'S CONTENTIONS:
Defendant contended that he had an agreement with plaintiffs' predecessors to have his sheep graze the property. As a result, his sheep maintained the subject property's grass short.

Defendant denied any harm and/or liability.

Settlement Discussions

Plaintiffs demanded $79,000 in settlement, which defendant countered with a $2,500 offer of settlement.

Result

The jury found in favor of Valera.

Deliberation

three hours

Length

five days


#119858

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