Lee Tartre, individual and as trustee for the Tartre Family Trust, Alex Armstrong, Diane Armstrong v. City of Poway, Poway Redevelopment Agency
Published: Mar. 15, 2014 | Result Date: Jun. 24, 2013 | Filing Date: Jan. 1, 1900 |Case number: 37-2008-00076297-CU-NP-CTL Settlement – $295,000
Court
San Diego Superior
Attorneys
Plaintiff
Karen R. Frostrom
(Thorsnes Bartolotta McGuire LLP)
Defendant
Steven E. Boehmer
(McDougal, Boehmer, Foley, Lyon, Mitchell & Erickson)
Carrie L. Mitchell
(McDougal, Love, Eckis, Boehmer & Foley)
Facts
Lee Tartre, as trustee for the Tartre Family Trust, Alex Armstrong, and Diana Armstrong sued the City of Poway.
The matter went before a jury, who ruled in favor of plaintiffs. The trial court later granted a partial motion for judgment notwithstanding the verdict in favor of the city. On appeal, the appellate court reversed the granting of the Judgment Notwithstanding the Verdict motion.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs sued the city for the wrongful injury to trees, trespass, nuisance, conversion, intentional infliction of emotional distress and negligence. Plaintiffs argued that the city wrongfully hired a company to remove trees from their property.
DEFENDANT'S CONTENTIONS:
The city filed a cross-complaint, asserting causes of action for quiet title ejectment, declaratory relief, and preliminary injunction. The city asserted that it an easement with regards to property owned by Tartre and the Armstrongs.
Result
The parties settled. The city agreed to pay Tartre $200,000, and the Armstrongs $95,000.
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