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Real Property
Trespass
Private Nuisance

Fannich Investment Management Inc. v. Fogerty Living Trust and Margaret Fogerty

Published: Dec. 29, 2012 | Result Date: Oct. 12, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 37-2011-00099997-CU-PO-CTL Verdict –  $19,646

Court

San Diego Superior


Attorneys

Plaintiff

Thomas R. Laube

Briana Monahan


Defendant

Mark E. Stenson
(Law Office of Schneider & Holtz)


Experts

Plaintiff

Norbert Lohse
(technical)

Defendant

Tom Hacker
(technical)

Facts

Plaintiff, the owner of an apartment unit, sued Defendant, the owner of an adjacent building, alleging that Defendant's poorly maintained rain gutter allowed large quantities of water to leak into Plaintiff's property, causing damage.

Settlement Discussions

Plaintiff demanded $36,999. Defendant offered $17,000 during trial.

Damages

Plaintiff alleged damages of approximately $55,000.

Result

Verdict for plaintiff in the amount of $19,646.

Deliberation

one day

Length

three days


#122574

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