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Torts
Trespass
Negligence/IIED/Assault

John G. Stallings v. Jack Waldron

Published: Aug. 26, 2006 | Result Date: Apr. 6, 2006 | Filing Date: Jan. 1, 1900 |

Case number: SC082514 Bench Decision –  $300,000

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

David M. Robinson


Defendant

Dean A. Olson
(Clark Hill LLP)


Facts

Plaintiff John Stallings purchased one of two lots from defendant Jack Waldron. Waldron lived in the house next door and Stallings moved into the purchased residence.

During escrow and continuing thereafter unabated, Waldron began harassing Stallings. The harassment included poisoning Stallings' plants, pouring caustic chemicals in Stallings' pool, throwing broken beer bottles in the bottom of Stallings' black bottom pool, smearing paint on Stallings' garage, breaking off pieces of metal in Stallings' locks to prevent him from entering the house. Stallings reported all of these events to the local police who filed reports.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed negligence, intentional infliction of emotional distress, trespass and assault.

DEFENDANT'S CONTENTIONS:
The defendant admitted that he poured powdered milk into the plaintiff’s pool, and denied all other claims.

Settlement Discussions

The plaintiff demanded $250,000 during mediation. The defendant offered $50,000 during mediation, increased to $60,000 at trial.

Result

Judgment for plaintiff. The case was settled for $150,000 the next day during punitive damages phase.


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