This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Real Property
Premises Liability
Trespass, Nuisance

La Jolla County Club Inc. v. City of San Diego

Published: Oct. 11, 2008 | Result Date: Oct. 9, 2007 | Filing Date: Jan. 1, 1900 |

Case number: GIC872163 Settlement –  $70,000

Court

San Diego Superior


Attorneys

Plaintiff

Miranda M. Bordson

Christopher J. Connolly


Defendant

Michael J. Aguirre
(Aguirre & Severson LLP)

Carmen A. Brock
(Colantuono, Highsmith & Whatley)


Facts

Plaintiff La Jolla Country Club Inc. operated a world-renowned golf course and owned real property at 7301 High Avenue in La Jolla, California. A country club on plaintiff's property also oversaw the golf club's operations.

In 1961, 1963, and 1966, plaintiff granted defendant city of San Diego easements on plaintiff's property for the installation of storm drains.

In February 2005, plaintiff started noticing significant slope erosion, sink holes, and other damage on its property. These conditions had impacted the golf course and other areas of the property. An investigation revealed that defendant's corroded, collapsed, and blocked drains were the cause of plaintiff's property damage.

In May, plaintiff notified defendant in a letter that the defective drains were causing damage to its property. Defendant declined to act on the repair bid it received from plaintiff. In order to mitigate its damages, plaintiff repaired the defective drains.

In its subsequent lawsuit, plaintiff alleged dangerous condition of public property, private nuisance, inverse condemnation, and breach of contract.

Damages

Plaintiff claimed $132,551 in property damage.

Result

The parties settled for $70,000.


#121641

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390