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Real Property
Dangerous Condition of Public Property
Negligent Maintenance

Midwest Investment Properties v. City of San Diego

Published: Apr. 1, 2022 | Result Date: Feb. 3, 2022 | Filing Date: Dec. 31, 2020 |

Case number: 37-2020-00048406-CU-EI-CTL Settlement –  $230,000

Judge

Keri G. Katz

Court

San Diego County Superior Court


Attorneys

Plaintiff

Peter A. Zamoyski
(Goode Hemme APC)


Defendant

Lucy Ann Manfre
(Office of the San Diego City Attorney)


Facts

In the Golden Hill area, on the block where 1503 to 1521 30th Street is located, is a rental property owned by Midwest Investment Properties. Along the sidewalk of that property are trees belonging to the City of San Diego. Midwest Properties brought suit against the City for damages.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff Midwest Properties alleged that the tree roots brought about damage to the property they owned including 1517 and 1521 30th Street. Those tree roots not only grew beyond City property to encroach on Midwest Properties' rentals, it also caused extensive damage to the structure and foundation of those properties.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

The case was settled for $230,000 with the settlement money coming from defendant City of San Diego's public liability fund.


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