Rozbicka, et al. v. City of San Juan Capistrano, et al.
Published: Jan. 28, 2003 | Result Date: Dec. 18, 2002 | Filing Date: Jan. 1, 1900 |Case number: 791529 Verdict – $1,483,640
Judge
Court
Orange Superior
Attorneys
Plaintiff
Serge Tomassian
(Tomassian, Throckmorton, Inouye & Grigorian LLP)
Defendant
Edwin J. Richards Jr.
(Kutak Rock LLP)
Experts
Plaintiff
Gregory W. Axten
(technical)
Lee R. Hess
(technical)
Ralph e Jeffery
(technical)
Facts
A massive 10-acre landslide was triggered in November 1997 in the city of San Juan Capistrano causing damage to two residential properties located to the south, in the city of San Clemente. The plaintiffs, who own the properties, incurred non-structural damage to their real property due to the landslide, which remained in its active state. The city of San Juan Capistrano owned and maintained a roadway which ran parallel to the head scarp of the landslide, which was approximately 25 to 35 feet deep. The roadway, which adjoined a hillside and dipped in the center, acted as a conduit for natural water to lubricate the landslide plane, significantly contributing to its activation. The city road was not only used for hiking purposes, but the city of San Juan Capistrano allowed public and private vehicles access through the roadway.
Settlement Discussions
The plaintiffs served two demands under C.C.P. Section 998, one of which was in the amount of $250,000. Both these demands were rejected by operation of law. The plaintiffs reached a settlement with other defendants, prior to trial, in the amount of $650,000.
Deliberation
one day
Length
3.5 weeks
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