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
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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