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Real Property
Adjacent Property
Crop Loss

Rancho Del Fuegos, et al. v. American Agri-Corp; Cal/Tex Vineyards, Ltd.; El Dorado Packing Company; William Penny, et al.

Published: Nov. 5, 1994 | Result Date: Oct. 18, 1994 | Filing Date: Jan. 1, 1900 |

Case number: I66859 –  $447,180

Judge

Lawrence W. Fry

Court

Riverside Superior


Attorneys

Plaintiff

Jon Shoenberger


Defendant

J. John Anderholt


Experts

Plaintiff

Sidney R. Siemer
(technical)

Defendant

W. Douglas Gubler
(technical)

Frederick Jensen
(technical)

Facts

Plaintiffs owned a 100-acre flame grape vineyard. Defendants owned 200 adjoining acres of grape vineyards. Prior to the 1991 growing season, Defendants decided to stop farming their vineyard and took no measures to control a possible infestation of powdery mildew, a fungus that is one of the strong threats to California table grapes.

Settlement Discussions

Cross-defendants contend they made no offers; Defendants offered $75,000; and Plaintiffs demanded $250,000 prior to this verdict. Plaintiffs contend Cross-Defendants offered $25,000 and that two of the Defendants settled for $50,000 at the commencement of trial.

Damages

$447,180.

Deliberation

1 hour

Poll

12-0 Defendant's liability, 10-2 amount of damages, 11-1 Cross-defendants were not negligent

Length

3 weeks


#78299

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