Facts

Richard Goetzman lived at the penthouse unit 1605 at Queens Surf Owners Condominium highrise in downtown Long Beach. Goetzman allegedly created a continuing nuisance to his neighbor Hector Birman, who resided directly below in unit 1505. The alleged continuing nuisance was water overflows and resultant leaching of mold infestation throughout 2000-2007. Goetzman ignored verbal and written complaints to abate the nuisance and the health department was called out and cited him for various violations of Long Beach Municipal codes. Hector Birman was forced to move out of his home in 2005, which allegedly suffered substantial damages as result of the water overflows and mold infestation.

Birman claimed to have suffered emotional distress as result of the interference with his use and enjoyment of his home. Goetzman continued living at the unit for the next two years and died in 2007 Birman which Birman contended left him without a home and a bag of debt. Goetzman's trust was substituted in as a party upon his death.

Jack Kline, Successor Trustee of the Richard Goetzman Trust, was substituted in as the real party defendant in place of Richard Goetzman, individually, and the Richard Goetzman Trust.

PLAINTIFF'S CONTENTIONS:
Defendant Goetzman created a continuing nuisance by permitting water overflows and resultant mold infestation to cause damage to plaintiff's home.

DEFENDANT'S CONTENTIONS:
The defendant contended the case barred by statute of limitations. Defendant Goetzman did not cause the damages sustained by plaintiff. The plaintiff failed to mitigate his damages.

Settlement Discussions

The plaintiff's Section C.C.P. 998 offer to compromise was $199,000 to Jack Kline Successor Trustee to the Goetzman Trust. Defendant Jack Kline Successor Trustee to the Goetzman Trust's C.C.P. Section 998 offer to compromise was $75,001.

Damages

The plaintiff lost his home, incurred relocation costs, storage costs, personal property damage, emotional distress.

Result

Jury verdict against defendant Jack Kline Successor Trustee to Richard Goetzman Trust for $859,478.

Other Information

The plaintiff judgment to include reimbursement of litigation costs in amount of $106,000. FILING DATE: Nov. 16, 2005.

Deliberation

two days

Length

six days