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)
Defendant
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
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