Arthur L. Grisham and Patricia A. Grisham v. Shea Homes, Inc.; Acme & Sons Electric, Inc., Granite Construstion Company, et al.
Published: Feb. 22, 1997 | Result Date: Aug. 6, 1996 | Filing Date: Jan. 1, 1900 |Case number: CV741133 – $17,500
Facts
Plaintiffs Arthur and Patricia Grisham owned a home on Silver Creek Road in San Jose. In 1991, defendant Shea Homes, Inc. began building a residential development adjacent to the plaintiff's home. In 1990, Shea Homes installed temporary power poles along the old Silver Creek Valley Road. In or about June 1991, the temporary power poles were moved into an area on the plaintiffs' property within a slope easement granted pursuant to a prior eminent domain action. The power pole placement was performed by defendant Acme & Sons Electric Inc. The grading for the placement was performed by defendant Granite Construction Companys. The plaintiffs brought this action against all defendants based on negligence and trespass theories of recovery. Defendant Acme & Sons Electric Inc. was voluntarily dismissed the plaintiffs during trial.
Settlement Discussions
The plaintiffs made C.C.P. º998 settlement demands for $90,000 combined. Per defendants Shea Homes and Granite, defendants Shea Homes and Granite made a settlement offer totaling $75,000 (combined - $60,000 by Shea Homes and $15,000 by Granite). Per the plaintiffs, the defendants offered $42,500 combined - $40,000 by Shea Homes and $2,500 by Granite).
Damages
The plaintiffs sought fair rental value and compensation for property damage, as well as punitive damages from Shea Homes as a result of the alleged trespass onto their property. The plaintiffs claimed $30,000 in damages for fair rental value.
Injuries
The plaintiffs alleged they suffered property damage and emotional distress.
Other Information
The verdict was reached approximately two years and six months after the case was filed. A mediation was held in August 1995, before John R. Williams. It did not resolve the matter.
Deliberation
9 hours
Poll
not taken
Length
13 days
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