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
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.
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