Facts

Plaintiff Laguna Terrace Park LLC purchased a mobile home park located at 30802 South Coast Highway in Laguna Beach, California through an assignment from defendant, the Esslinger Family Trust in 1997. The plaintiff sued defendant for trespass and nuisance.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant previously installed a 12-inch drainage pipe that ran from the property, above the trailer park, to the retaining wall above one of the park's streets, transporting storm water, sediment, and debris. The contents of the pipe flowed an accelerated and unnatural rate onto plaintiff's land, causing a hazard. The plaintiff claimed the drainage pipe constituted a nuisance and trespass over its property.

DEFENDANTS' CONTENTIONS:
Defendant trustee Kenneth Cummins contended defendant Trust sold the property to plaintiff "as is" and plaintiff was aware of the existence and purpose of the disputed pipe. Further, plaintiff consented to the pipe access across the property.

Damages

Plaintiff sought damages for interference with its property.

Result

The jury returned a $747,500 verdict.

Other Information

FILING DATE: Oct. 12, 2004.

Poll

Mixed