Facts

Plaintiff Zeta Graff and defendants Alex and Polina Blyumkin are adjoining landowners. Plaintiff has easement rights for ingress and egress on defendants' driveway.

In 2010, the parties had engaged in litigation that resulted in a $200,000 settlement on July 8, 2011. A second independent lawsuit was filed on Nov. 23, 2011 related to the height of a retaining wall and the design and construction of new pavement on the driveway, among others.

Co-defendants were Newform Construction and its owner, Oleg Fur.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants breached the settlement contract, made false promises, caused intentional infliction of emotional distress, engaged in trespass, caused a private nuisance, and were negligent.

Plaintiff also brought action against defendants for the conduct of the construction workers including alleged theft of water supply, trash on the easement, general nuisance from the construction activities, and trespassing. Plaintiff also claimed she was subjected to insults and threats. Plaintiff also sought punitive damages.

DEFENDANT'S CONTENTIONS:
Defendants contended that they were in the process of complying with the executory terms of the settlement of the first case, when the threat of a second lawsuit arose within days of target completion date. Defendants also contended that the height of the wall was within allowable limits per the Los Angeles City Hillside Ordinance, and per structural drawings and approved plans. Defendants claimed that completion of the driveway required activities of the Department of Water and Power, as well as final decisions on gate style and location, and upon formal agreement from plaintiff as to the construction of that driveway. Defendants further claimed that plaintiff's allegations of threats and gestures were imaginary, and that plaintiff herself was often the aggressor in these controversies.

Settlement Discussions

Final pretrial settlement conference demand was $975,000 and last offer was $325,000. During trial, plaintiff demanded $950,000, raised to $3,999,999, and raised again to $4,999,999. There were no settlement offers from the defendants. In final argument, plaintiff demanded for $9,336,600 and more in past and future damages.

Result

Defense verdicts on breach of contract, fraud, negligence, trespass, nuisance, and intentional infliction of emotional harm.

Other Information

FILING DATE: Nov. 23, 2011.

Deliberation

two hours

Length

21 days