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Real Property
Trespass
Nuisance

Redevelopment Agency of the City and County of San Francisco v. Walker

Published: Oct. 7, 2000 | Result Date: Jun. 20, 2000 | Filing Date: Jan. 1, 1900 |

Case number: 980818 Verdict –  $95,987

Judge

Diane Elan Wick

Court

San Francisco Superior


Attorneys

Plaintiff

John R. Yeh

Paul D. Gutierrez


Defendant

Terence Goggin

Victor M. Marquez
(Nossaman LLP)

Patrick Goggin


Experts

Plaintiff

William Hong
(technical)

Dean H. Iwasa
(technical)

Facts

The plaintiff claimed that defendant went onto plaintiff's real property without plaintiff's consent and performed grading, trenching and other work. This constituted a trespass. The plaintiff invested $104,042 in costs to remediate the property and stope further degradation and damage. The defendant contended that he was acting at the direction of the San Francisco Unified School District and its superintendent, Waldemar Rojas. He also contended that Rojas obtained the consent of plaintiff, or defendant was acting on the good faith belief that consent was given.

Settlement Discussions

The plaintiff made a settlement demand for $90,000. The defendant offered $1,000.

Damages

The plaintiff claimed $104,042 for remediation costs.

Other Information

The jury found that the plaintiff had not given consent for the defendant to enter the real property and engage in the activities.

Poll

9-3 (liability and damages)

Length

two days


#93253

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