Ming-Chien Tang Lu v. Elizabeth McCall, David Cram, Jeffrey Jussen, Diamond Tree Service
Published: Jul. 22, 2000 | Result Date: Apr. 14, 2000 | Filing Date: Jan. 1, 1900 |Case number: 8024819 Verdict – $560,000
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Carla V. Minnard
(The Minnard Law Firm)
Defendant
Experts
Plaintiff
Walter S. Barrows
(technical)
Alison Teeman
(technical)
Defendant
Kenneth Kammeyer
(technical)
Richard M. Betts
(technical)
James Clark
(technical)
Facts
Defendants McCall and Cram, who were plaintiff's neighbors, hired Diamond Tree Service. Diamond Tree Service entered onto plaintiff's property by means of a step ladder over a 7-feet high fence atop a 10-feet high retaining wall and chopped three trees to the ground while plaintiff was at work. Jeffrey Jussen, defendant's gardener, then trespassed on plaintiff's property, drilled trees and poisoned them.
Settlement Discussions
The plaintiff demanded $120,000 at the pre-trial conference. Defendant McCall offered $45,000. Defendant Diamond Tree Service offered $5,000. Jussen settled for $2,500 before trial.
Damages
$170,000 property damage, trebled per C.C.P. Section 733 and Civil Code Section 3346 to $510,000, plus emotional distress of $50,000.
Other Information
Defendant's motion for new trial or remittitur was denied. Cross-defendant's motion for judgment on the cross-complaint for indemnity and tort was granted. Judgment for indemnity and all attorney fees.
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