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Real Property
Forcible Detainer
Conversion and Negligence

Mary Norton and Jane Norton, M.D. v. Morningside Community Association

Published: Apr. 1, 2000 | Result Date: Feb. 15, 2000 | Filing Date: Jan. 1, 1900 |

Case number: 089723 Verdict –  $225,000

Judge

Christopher J. Sheldon

Court

Riverside Superior


Attorneys

Plaintiff

L. Joane Garcia-Colson


Defendant

David M. Sanders


Experts

Plaintiff

Kevin Stewart
(technical)

Jerry Becker
(technical)

Facts

In early June 1995, plaitiffs were in the process of moving from their residence in Morningside gated community after defendant community association foreclosed on same as a result of plaintiffs' delinquent assessments. On June 12, 1995, defendant assumed plaintiffs had completed vacating the premises and hired a locksmith to pick the locks and change them. The defendant entered the resident without a writ of possesion nor consent from plaintiffs to enter and discovered personal property belonging to plaintiffs. When plaintiffs were allowed to re-enter the premises to remove the balance of their property, they discovered that valuable antiques and artifacts were missing.

Settlement Discussions

In two mandatory settlement conferences, plaintiffs demanded $185,000. The defendant offered $15,000.

Specials in Evidence

$126,000 to $156,000 (according to plaintiff), $99,000 (according to defendant)

Injuries

Loss of personal property, including Native American artifacts and gold and silver antiques; damages for trespass, conversion, negligence and forcible entry and detainer.

Deliberation

three hours

Poll

12-0

Length

six days


#80467

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