Bonapart & Associates Law and Mediation: Practical Solutions for an Impractical World

Verdicts and Settlements

REAL PROPERTY, Trespass/Nuisance: Other
PERSONAL PROPERTY, Conversion/Damage

SETTLEMENT RESULT: $125,000. The settlement amount was paid by defendant's insurance carrier, California State Automobile Association. The mediator was Kenneth D. Gack, Esq. of JAMS.

CASE: Giles v. Love No. 235755LKS

SETTLEMENT DATE: March 16, 2006

ATTORNEYS: Plaintiff --Barri Kaplan Bonapart (Bonapart & Associates, Sausalito).
Defendant: David L. Crowe, Knox Ricksen LLP, Oakland. Thomas R. Kenney, Law Offices of Thomas R. Kenney, Santa Rosa.

EXPERTS: Plaintiff: John C. Meserve, arborist, Horticulture Associates, Glen Ellen.
Greg S. Conrad, environmental expert, Environmental Technical Services, Petaluma (707) 795-9605.

Defendant: Bernard S. Noonan, arborist, Noonan's Tree Care, Santa Rosa (707) 528-3226. Gale Currey, environmental expert, Sequoia Analytical, Petaluma (707) 792-1865.

FACTS & CONTENTIONS: According to plaintiff: Plaintiffs Jeana and Brock Giles and defendant Elwood Robert Love have been next-door neighbors in Sonoma, California for about 30 years. Plaintiffs' property consists of a main house, a small working vineyard, and several trees and vegetation that provided privacy and separation between plaintiffs' and defendant's properties.

Plaintiffs alleged that defendant cut and poisoned various trees on plaintiffs' property. In early 2004, one of the poisoned trees died and fell over, nearly missing plaintiffs' residence, but totaling a vintage Mercedes-Benz automobile belonging to plaintiffs' son.

Plaintiffs filed suit for wrongful injury and cutting of timber/trees [Civil Code § 3346(a); CCP § 733]; trespass; nuisance; conversion; negligence; and preliminary and permanent injunction against defendant, alleging that he had damaged trees and vegetation of plaintiffs' property and had repeatedly trespassed onto plaintiffs' property.

Defendant denied any and all liability and cross-complained for breach of contract, unjust enrichment, and intentional misrepresentation.



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