Verdicts and Settlements
REAL PROPERTY, Trespass/Nuisance: Other
CASE: Nevins v. Petrie No. CV051557
SETTLEMENT DATE: March 28, 2006
ATTORNEYS: Plaintiff --Barri Kaplan Bonapart (Bonapart & Associates, Sausalito).
Defendant: Martin J. Malkin, Law Offices of Martin J.
Malkin, San Rafael.
EXPERTS: Plaintiff: Raymond F. Moritz, arborist, Moritz
Arboricultual Consulting, Sausalito
Defendant: Dennis A. Yniguez, arborist, Tree Decisions,
Berkeley (510) 649-9291.
FACTS & CONTENTIONS: According to plaintiff: Plaintiffs Donald Nevins, M.D., and
Sheila Nevins, were neighbors of defendant Farideh Petri in the town of Tiburon, which has a view ordinance.
Plaintiffs alleged that defendant's trees were allowed to grow to become an unreasonable obstruction pursuant to
the town's view ordinance.
Defendant disagreed, desiring to keep her trees as a privacy screen between her property
and her up-slope neighbors. She further contended that the trees were protected "heritage" trees.
SETTLEMENT DISCUSSIONS: Not reported.