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
Nuisance
County Ordinances Violations

Barry O'Brien, Linda O'Brien v. Masterpiece Properties LLC, Sharlana Farms Inc., Sharon Blake

Published: May 23, 2009 | Result Date: Sep. 8, 2008 | Filing Date: Jan. 1, 1900 |

Case number: GIN040010 Verdict –  Defense

Court

San Diego Superior


Attorneys

Plaintiff

Daryoosh Khashayar
(Khashayar Law Group)

L. Thomas Murphy


Defendant

Regan Furcolo

Rick H. Knock


Experts

Plaintiff

Gary Lipska
(technical)

Kristen Lipska-Borer
(technical)

Kenneth Discenza
(technical)

Malcolm Vinje
(technical)

Douglas Gibson
(technical)

William C. Hughes
(technical)

Mehdi Shariat
(technical)

Dennis Middleton
(technical)

Defendant

Robert Brockart
(technical)

Nathan Schaedler
(technical)

Leslie Reed
(technical)

Facts

Barry and Linda O'Brien lived next to property owned by Masterpiece Properties LLC, Sharlana Farms Inc., and Sharon Blake (collectively defendants). Defendants' property contained a number of horses. The O'Briens sued the defendants claiming several causes of action generally consisting of nuisance per se claims for violations of county ordinances.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that the defendants operated an illegal horse boarding and sales business, caused pollution runoff via illegal grading, and failed to use a proper septic disposal.

DEFENDANT'S CONTENTIONS:
The defendants argued that they did not operate a business on the property, complied with the county's codes, and that the plaintiffs harassed them regarding their horses. Based on the numerous complaints plaintiffs had made to government agencies, the county inspected the property multiple times and found on each inspection that defendants had complied with county codes.

Settlement Discussions

The O'Briens demanded $300,000 and the defendants offered $25,000.

Injuries

The plaintiffs claimed in excess of $550,000.

Result

The jury found in favor of the defense.

Other Information

American Banker and Golden Eagle Insurance insured the defendants.

Deliberation

one day

Length

16 days


#121987

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

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