John Martinez, Sheryl Martinez, William Garner, Janis Garner, Wei-Ying Chau v. Patricia Nixon
Published: May 11, 2004 | Result Date: Feb. 17, 2004 | Filing Date: Jan. 1, 1900 |Case number: 02062782 Verdict – $38,114
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Michael G. Descalso
(Lewis, Brisbois, Bisgaard & Smith)
Defendant
Experts
Plaintiff
Barrie Coate
(technical)
Roger D. Fiske
(technical)
Defendant
J. Anthony Tomeo
(technical)
Charles D. Allen
(technical)
Facts
In 1975, defendant Patricia Nixon began planting bamboo cuttings along the perimeter of her backyard. The bamboo spread onto the property of plaintiffs Wei-Ying Chau, John and Sheryl Martinez, and Janis and William Garner. By 2001, the bamboo had spread over 20 feet into plaintiffs' properties. The plaintiffs first made the defendant aware of the bamboo and requested removal in April 2001. The defendant refused to remove the bamboo.
Settlement Discussions
Plaintiffs Martinezes made a demand of $50,000, and Chau $35,000. The defendant offered $20,000 each to the Garners, Martinezes and Chau.
Damages
The plaintiffs sought $34,114 in property damage and $3,000 for pain and suffering (for the remaining, non-settling plaintiffs).
Result
The Garners settled for $20,000. The jury found for the defendant regarding the public nuisance allegation. It found for plaintiffs on the private nuisance allegation and awarded them $38,114.
Deliberation
5.5 hours
Poll
11-1
Length
seven days
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