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

Verdicts and Settlements

REAL PROPERTY, Trespass/Nuisance

SETTLEMENT RESULT: Plaintiff sought monetary damages of $16,720 for the value of trees and cost of removal with doubling pursuant to Cal. Civ. Code Sec. 3326 for a total damage claim of $32,540. Plaintiff also claimed his attorney's fees and arborist fees pursuant to Oakland Municipal Ordinance 12.40.070 in the amount of $2,500.Range Amount: $1 - 49,999. $22,500 to plaintiff for damages.

CASE: Hesterman v. City of Oakland

SETTLEMENT DATE: June 30, 2014

ATTORNEYS:Plaintiffs- Barri Kaplan Bonapart (Bonapart & Associates, Sausalito)
Defendants- None mentioned

EXPERTS: Steve Batchelder, Consulting Arborist, SBCA Tree Consulting, Crocket, CA

FACTS & CONTENTIONS: According to Plaintiff: Plaintiff Bryan Hesterman owned property adjacent to a property owned by defendant city of Oakland, which had been largely unmaintained and contained several blue gum eucalyptus trees.

Over the years, plaintiff became increasingly concerned with the general lack of maintenance of the adjacent city-owned trees and he called defendant on more than one occasion to report that there was a hazardous tree adjacent to the property. Within a month of plaintiff's calls, the hazard tree fell onto plaintiff's property and damaged five coast live oak trees and a
big leaf maple.


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