Confidential
Settlement – $100,000Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert Hansen
(technical)
Jerrold Turney
(technical)
Randall Akers
(technical)
Defendant
Alan Dunn
(technical)
Farhat H. Siddiqi
(technical)
Facts
The parties are adjoining landowners and neighbors in Chatsworth. The defendants' property is located above the plaintiffs' property on a hillside slope. In 1997, the defendants installed a pool with a corresponding water drainage and dispersal system, in order to control the flow of water down the hillside slope. Included in the installation of the drainage system was a drainage dispersal wall, where its intended function was to disperse an otherwise concentrated flow of water down the slope into an evenly distributed, sheet flow of water over a much larger surface area, without the threat of water damage to the plaintiffs' adjoining property. In June, 2000, the plaintiffs noticed a trail of lush green vegetation extending from the defendants' dispersal wall to their property line and in the vicinity of the plaintiffs' oak trees. At the same time, the plaintiffs noticed that one of the oak trees was dying. Thereafter, the plaintiffs contacted the City of Los Angeles Department of Building & Safety to inspect the situation and make determinations. The City inspected the dispersal wall and cited the defendants for their failure to maintain the dispersal wall. In the meantime, the plaintiffs' oak trees continued to die.
Settlement Discussions
On July 16, 2001, the plaintiffs made a C.C.P. Section 998 demand of $225,000, which expired. The defendants initially offered $5,000. The case ultimately settled after several mediation sessiosn before Hon. Joel Rudof, retired.
Damages
The plaintiffs claimed property damage in excess of $100,000. The defendants argued that the plaintiffs' damages, if any, were less than $50,000.
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