Confidential
Settlement – $0Facts
In August 1997, the plaintiffs/cross-defendants bought a house next to property owned by one defendant/cross-
complainant and rented to/occupied by co-defendants/cross-complainants.
Defendants/cross-complainants complained of excessive construction noise and other nuisance behavior by
plaintiffs/cross-defendants, and filed complaints with the City of San Diego Neighborhood Code Compliance
Department, the San Diego Police Department and the Department of Animal Control.
Defendants/cross-complainants were willing to submit the matter to mediation, but plaintiffs/cross-defendants
refused to consider such, and instead, filed a complaint in Superior Court, alleging nuisance and negligent
infliction of emotional distress.
Defendants/cross-complainants then filed a cross-complaint, alleging nuisance, negligence, assault, invasion of
privacy, abuse of process, intentional interference with contractual relations, intentional interference with
prospective economic advantage and intentional and negligent infliction of emotional distress.
Settlement Discussions
The matter proceeded to mediation, but terms of a proposed settlement could not be agreed upon. Thereafter, defendants/cross-complainants offered to enter into an informal written settlement agreement but plaintiffs/cross-defendants.
Other Information
<s>A settlement conference before Judge Victor E. Bianchini shortly before trial resolved the matter with all parties agreeing to a settlement agreement made a part of the court record.</S>
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