This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Real Property
Landlord and Tenant
Assault, Conversion

Frank Echeverria v. James Myers, Timothy Myers

Published: Jun. 12, 2010 | Result Date: Dec. 11, 2009 | Filing Date: Jan. 1, 1900 |

Case number: M90026 Verdict –  $49,072

Court

Monterey Superior


Attorneys

Plaintiff

Rick D. Banks


Defendant

Michael P. Masuda
(Noland, Hamerly, Etienne & Hoss PC)


Facts

Plaintiff Frank Echeverria entered into a lease agreement with James Myers for property located in Monterey County in 2004. Echeverria filed suit against Myers and his son, Timothy Myers, alleging interference with a contract, conversion, and assault. Defendants filed a counter-claim for breach of lease, alleging Echeverria failed to pay rent.

Contentions

PLAINTIFF'S CONTENTIONS:
Echeverria contended that James Myers destroyed his crops and that Timothy Myers verbally assaulted him.

DEFENDANTS' CONTENTIONS:
Defendants denied the allegations.

Damages

Echeverria sought damages of $150,000 for property destruction and emotional distress. Defendants sought $24,596 in unpaid rent.

Result

The jury rendered a verdict for Echeverria, awarding him damages of $49,072.

Deliberation

six hours

Poll

10-2

Length

four days


#94274

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390