Confidential
Settlement – $0Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Paul A. Buckley
(Taylor Anderson LLP)
Experts
Plaintiff
Ernest Giraldi Jr.
(medical)
Harold J. O'Brian
(technical)
Michael J. Palamary
(technical)
W. Ray Neal
(technical)
Defendant
Gary Lintvedt
(technical)
Stanley R. Luhr
(technical)
Scott B. Arens
(technical)
Dominick Addario
(medical)
Facts
The plaintiffs in this case alleged that the defendant wrongly asserted that she was the owner of the westerly 2 feet of plaintiff's parcel of land and thereafter commenced a plan of harassment, trespass, nuisance, forcible entry and destruction of property. The plaintiffs alleged that the conduct of defendant caused them emotional distress, including damage to their marriage. The plaintiffs brought this action against the defendant based on trespass, forcible entry, quiet title, intentional infliction of emotional distress and seeking an injunction. The defendant filed a cross-complaint for a prescriptive easement.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $275,000. The defendant made a C.C.P. º998 offer of compromise for $5,000.
Damages
The plaintiffs alleged punitive damages against defendant. The defendant sought to quiet title to a 2 foot easement between their respective properties and for a temporary restraining order and permanent injunction preventing plaintiffs from using said property.
Injuries
The plaintiffs alleged emotional distress, including post-traumatic stress disorder and adjustment disorder as a result of the alleged conduct by defendant.
Other Information
The court granted a temporary restraining order preventing either party from using the two feet of property in dispute. The settlement was reached on the first day of trial.
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