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Real Property
Trespass
Nuisance

Dimitrios Lygouras, Barbara Lygouras v. William Ramelli, Linda Ramelli

Published: Dec. 16, 2003 | Result Date: Jul. 17, 2003 | Filing Date: Jan. 1, 1900 |

Case number: CIV210653 Verdict –  $0

Judge

Mark J. Litwak

Court

Ventura Superior


Attorneys

Plaintiff

Theresa McConville


Defendant

Kevin M. McCormick
(Lowthorp, Richards)


Experts

Plaintiff

Paul Rogers
(technical)

Randolph Churchille
(technical)

Defendant

Ed Slowik
(technical)

Glenn C. Hawks
(technical)

Facts

Plaintiffs Dimitrios and Barbara Lygouras owned residential property adjacent to that of defendants William and Linda Ramelli. Before the plaintiffs purchased their property, it contained a fruit orchard owned by the defendants. The orchard was surrounded to blue gum eucalyptus trees to protect it. Six trees remained on the line between the plaintiffs' and the defendants' properties. During heavy winds, debris from the trees landed on the plaintiffs' properties. The plaintiffs sued the defendants for trespass, nuisance and negligence. The defendants denied that the trees were a dangerous condition.

Deliberation

three hours

Poll

12-0 (negligence), 11-1 (nuisance), 9-3 (trespass)

Length

five days


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