Lissa Jacobson v. Robert Cram
Published: Feb. 18, 2004 | Result Date: Nov. 21, 2003 | Filing Date: Jan. 1, 1900 |Case number: CGC02411443 Bench Decision – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Wendy Janet
(technical)
Facts
The plaintiff and the defendant share a property line. According to the plaintiff, the plaintiff's cats sometimes used to cross this property line. The plaintiff alleged that the defendant permanently deprived her of two of her cats. The defendant took two cats that found their way into his raccoon trap on his property to the SPCA to be spayed in attempting to deal with a wild animal problem. The defendant contended he then cared for them and released them back into the neighborhood. The plaintiff contended that the defendant produced no witnesses to substantiate his care. The plaintiff produced photographs, various neighbors as witnesses and testified herself as to the ownership of the animals for six years. The plaintiff's expert witness testified that it would have been impossible for the defendant to return the cats to the neighborhood because they were never seen again.
Settlement Discussions
The plaintiff demanded a six-figure settlement and that the defendant make a donation to an animal rescue non-profit organization.
Injuries
The plaintiff claimed wrongful trespass and conversion for the wrongful taking of her cats.
Result
A motion for nonsuit was granted on Nov. 21, 2003 and on Dec. 5, 2003. Judgment by nonsuit was entered against the plaintiff on all causes of action in her complaint, and sanctions, pursuant to C.C.P. Section 128.7 consisting of $70,470 in attorneys fees and $7,250 in expert witness fees (totaling $77,720), and $5,869 in costs were imposed jointly and severally against the plaintiff and her attorney Christine Garcia of The Animal Law Office for pursuing this suit.
Other Information
The plaintiff and her counsel were sanctioned for bringing and pursuing the subject suit for an improper purpose and were ordered to pay the defendant $77,720 in sanctions.
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