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Real Property
Inverse Condemnation
Trespass

Laurie Reynolds v. City of Santa Monica

Published: May 25, 2002 | Result Date: Apr. 4, 2002 | Filing Date: Jan. 1, 1900 |

Case number: SC061485 Bench Decision –  $0

Judge

Paul G. Flynn

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

David Smith Bates


Defendant

Lance S. Gams
(Office of the Santa Monica City Attorney)


Facts

The plaintiff, age 49, contended that the defendant trespassed onto her property to demolish the buildings
thereon. The defendantÆs conduct also constituted a taking of her property without just compensation under the
inverse condemnation cause of action.
The defendant contended that his entry onto the property was legal and privileged because the defendantÆs
nuisance abatement board had determined the property to constitute a public nuisance and the plaintiff had
failed to abate the nuisance as ordered.

Settlement Discussions

The plaintiff submitted a C.C.P. Section 998 demand of $600,000, which was subsequently reduced to $480,000. The defendant submitted an offer of $2,000 which was later increased to $15,000.

Damages

The plaintiff claimed diminished value of the property of $500,000 to $750,000; loss of personal property of $25,000 to $50,000 and emotional distress. The city claimed reimbursement of demolition costs incurred of approximately $27,000.

Other Information

The plaintiff, as an owner-builder, attempted over a number of years to more than double the square footage of and add special levels to the existing house. However, due to faulty workmanship, multiple building and zoning code violations and numerous dangerous conditions, followed by the abandonment of the property by the plaintiff, the Nuisance Abatement Board declared the property to constitute a public nuisance.


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