Lindsey Fields v. Richard MacMinn
Published: Jul. 23, 2005 | Result Date: Apr. 21, 2005 | Filing Date: Jan. 1, 1900 |Case number: BC297599 Verdict – $2,099
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Gregory B. Gershuni
(Gershuni Law Firm)
Defendant
Facts
The plaintiff/cross-defendant, Lindsey Fields, alleged that the defendant/cross-complainant, Richard MacMinn was negligent in the excavation and construction of a retaining wall at the bottom of a slope in the rear of the MacMinn's property, which is just below Fields' property. As a result, Fields argued that the slope became unstable and Fields' swimming pool shell was damaged. Fields also alleged that MacMinn trespassed on his property by digging on his property, moving Fields' survey stakes, and overwatering the sloped areas of Fields' property. In a cross-complaint, MacMinn sought a prescriptive easement with respect to the maintenance of landscaping on a downslope on the Fields' property which has been watered and maintained by MacMinn for over five years. MacMinn also alleged that Fields wrongfully cut trees on his property.
Settlement Discussions
Defendant/cross-complainant made a C.C.P. Section 998 offer of $1,001 which was rejected.
Result
First cause of action for negligence: Defense. Second cause of action for trespass: Plaintiff verdict for $1.00. First cause of Action on cross-complaint for prescriptive easement: Verdict for cross-defendant, subject to pending motion for judgment notwithstanding the verdict. Second cause of action on cross-complaint for wrongful cutting of trees: Verdict for cross-complainant for $2,100.
Other Information
Cross-complainant's motion for judgment notwithstanding the verdict was denied.
Deliberation
one day
Length
nine days
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