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.

CONFIDENTIAL

Sep. 21, 2004

Real Property
Breach of Contract
Fraud

Confidential

Settlement –  $700,000

Judge

Frederick H. Bysshe Jr.

Court

Ventura Superior


Attorneys

Plaintiff

Robert L. McCord Jr.


Defendant

Thomas P. Gmelich
(Bradley & Gmelich LLP)

Paul M. Levine

Daniel R. Friedenthal
(Friedenthal, Heffernan & Brown LLP)

Henry N. Jannol


Experts

Plaintiff

J. Gary J. Germann
(technical)

Rick Delamarter
(medical)

Susan Rizzardi
(technical)

Walter Haman
(technical)

Defendant

Roderick D. Stroud
(technical)

James R. Ashby
(technical)

Tom Bates
(technical)

David G.N. Frecker
(medical)

Richard D. Kahmann
(medical)

George E. Miller
(technical)

Facts

John Anderson, 58, was a veterinarian. On Dec. 5, 2000, Anderson bought vacant land in Balcom Canyon from Statewide Rent-A-Fence of Simi Valley. The parcel, located at the end of Bixby Road in Moorpark, is known as Bay Mare Ranch. The principal stockholder and president of Statewide, Anthony Ortega, negotiated the sale and executed all agreements on its behalf.

Settlement Discussions

Anderson demanded $1 million. The defendants made no offer. The parties settled in mediation.

Specials in Evidence

$126,000 $1.24 million

Injuries

In 1971, Anderson underwent spinal surgery for fusion of L4-S1, which was repaired in 1990. He went back to work and allegedly had no problems until the accident. He claimed that the accident caused a new disc injury at L3-4 that prevented him from returning to work.


#98131

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

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