Defense Verdicts on Multiple Causes of Action in Breach of Contract Case

March 19, 2014

A Santa Monica Courthouse jury arrived at a favorable defense verdict in a twenty-one day trial for a breach of contract case handled by William T. DelHagen, Jean Dalmore and Adrian J. Barrio.

The plaintiff and defendant, are neighboring landowners sharing legal rights accessing a communal driveway. Initial litigation began in 2010 and resulted in a settlement in July 2011; however, plaintiff was unsatisfied due to the continual discord and as a result filed a second lawsuit in November 2011. The conflict was the result of the height of a retaining wall, the construction of the new pavement on the driveway, the conduct of the workers, trespass, general nuisance, and alleged threats.

The plaintiff asserts that the defendant breached the settlement contract, made false promises, caused emotional distress, committed trespass, created a nuisance, and was negligent.

The defendant contends that he was complying with the terms stated in the settlement agreement in 2011 and was in the process of completing the final conditions of the agreement when the plaintiff threatened to file another lawsuit. The defense argues that the height of the wall was in compliance with the limits allowed by the L.A. City Hillside Ordinance along with the structural drawings and approved plans. Moreover, the completion of the driveway followed the approval and agreement of the plaintiff. Furthermore, the defense contends that the allegations of insults and threats were made by the plaintiff herself.

As a result, the jury returned defense verdicts in all six causes of action submitted to them.