Bonapart & Associates Law and Mediation: Practical Solutions for an Impractical World
ABOUT US PUBLISHED ARTICLES PRESS ROOM SPEAKING ENGAGEMENTS VERDICTS & SETTLEMENTS

Verdicts and Settlements


REAL PROPERTY, Trespass Conversion Wrongful Injury and Cutting of Trees
NEGLIGENCE

SETTLEMENT RESULT: Plaintiffs settled with Defendant homeowners for $70,675 and their contractors for $30,000, for a total of $100,675.

CASE: Dasenbrock and Steel v. Barrett and Graves, dba Empire Tree Experts, No. 238700

SETTLEMENT DATE: April 2007

ATTORNEYS: Plaintiff – Barri Kaplan Bonapart (Bonapart & Associates, Sausalito)
Defendants - Paul J. McDonald (Simoncini & Associates, San Jose)
James M. Treppa (Bledsoe, Cathcart, Diestel & Pedersen, LLP, San Francisco)

EXPERTS: Plaintiff: Becky Duckles, arborist, Sebastopol

FACTS & CONTENTIONS: Plaintiffs and Defendants own adjacent properties in Cazadero, CA. Defendants, the Barretts, hired Empire Tree Service to cut down trees in order to improve the view from their home. One day, Mr. Dasenbrock unexpectedly discovered Empire Tree Service cutting trees on his property and immediately instructed them to stop. By that point, Defendant had already cut down 16 of the Plaintiffs’ trees and severely damaged 3 additional Redwoods. While at first apologetic, the Barretts became unamicable and challenged plaintiffs to prove that a trespass had in fact occurred, denying liability. Plaintiffs filed an action for trespass, property damage, conversion, negligence, and wrongful injury and cutting of trees pursuant to C.C. §3346(a) and C.C.P. §733.

CLAIMED DAMAGES: Using the trunk formula method set forth in the Guide for Plant Appraisal, 9th edition, the Plaintiffs’ arborist calculated the appraised loss of the trees to be $70,676.

COMMENTS: The Mediator was retired Judge Lawrence K. Sawyer.

<- BACK


  | Barri Kaplan Bonapart Bio | Speaking Engagements | Contact Us | Directions |
| About Us | Published Articles | Press Room | Verdicts/Settlements | Home |



Copyright Bonapart & Associates 2004-2014
2330 Marinship Way, Suite 302, Sausalito, CA 94965
Ph: 415-332-3313   Fax: 415-332-4603
Email: info@treelaw.com
Web Design: DF Communications