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CONFIDENTIAL

Oct. 7, 1999

Real Property
Interference with Easement
Negligence

Confidential

Settlement –  $3,000

Judge

Victor E. Bianchini

Court

San Diego Superior


Attorneys

Plaintiff

Donald Holben


Defendant

Terry A. Pinnegar

Joseph P. Potocki
(Chailfoux Brast Thompson & Potocki)


Facts

The plaintiff owned and occupied real property along with a second parcel which was behind and downhill from the primary property. In 1988, plaintiff granted an easement for a road and utility purposes over his property which allowed traffic in and out of the second parcel. The plaintiff also received a light/air and sewer easement over the second parcel. In November 1994, defendant No. 1 purchased the second parcel and defendant No. 2 subsequently constructed a residence on the that parcel.

Damages

The plaintiff sought property damage, diminution in value and punitive damages.

Injuries

The plaintiff suffered property damage.

Other Information

Judgment on claims arising from the alleged ligth/air and sewer easement violations were entered in favor of defendants. The case was settled two years and six months after it was filed.


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