James M. Treppa and Holly A. Graves Obtain Defense Verdict

James M. Treppa and Holly A. Graves of Bledsoe, Diestel, Treppa & Crane LLP, in San Francisco, successfully defended their clients in Alameda County Superior Court, the Honorable Richard Seabolt presiding.

Plaintiff alleged causes of action for trespass and nuisance against Defendants stemming from tree on Defendants’ property. Plaintiff alleged Defendants’ trees dropped leaves and debris onto his real and personal property depriving him of the use and enjoyment of the same. Defendants denied liability for plaintiff’s alleged damages asserting they properly maintained the trees under expert guidance, attempted to address plaintiff’s complaints, and asserted plaintiff’s deferred maintenance to his home caused the damage, if any, to his real property. Ultimately, Defendants removed all “offending” trees from their property prior to trial.

Plaintiff alleged tree debris caused leaks in his roof and damage inside his home and damage to his driveway, requiring repair to the interior and exterior of the home. Plaintiff further alleged emotional damages and punitive damages as a result of Defendants’ conduct and failure to maintain the trees. Plaintiff sought a verdict of $1,250,000. The jury deliberated for approximately 12 hours and returned a verdict finding (1) Defendants trespassed on Plaintiff’s property, but holding (2) Defendants did not create a nuisance on Plaintiff’s property so as to interfere with his use and enjoyment of the same and (3) awarded plaintiff $2,656 in damages.  Plaintiff’s Motion for New Trial and Motion for JNOV denied.  Defendants’ Motion to Be Deemed Prevailing Party Per CCP 998 and award of costs granted.