In what is believed to be a groundbreaking new precedent, Bremer Whyte Brown & O’Meara’s Los Angeles litigation team has obtained a landmark ruling on behalf of residents in the “Portuguese Bend” neighborhood of Palos Verdes, California. Congratulations to Partner Michael D’Andrea and Senior Associate Shelly Mosallaei in receiving this result for our clients.
Plaintiff, a real estate developer, sued a number of local residents and property owners, including our client, alleging that their failure to address landslides and geological disturbances around Plaintiff’s property constituted a legal trespass and nuisance. Plaintiff alleged that its plans to develop multiple lots in Palos Verdes was thwarted because Defendant’s soil and land encroached onto Plaintiff’s property. Plaintiff’s suit against multiple residents created an uproar in the community regarding who was ultimately responsible (if anyone) for natural soils movement that has plagued this neighborhood for years.
Bremer Whyte’s litigation team fought the claims, contending that our clients could not be held legally responsible for natural soils movement and that geological issues, including landslides, have been ongoing in Palos Verdes for decades. In this closely watched case, the Court ruled, via bench decision, in our client’s favor, rejecting millions in alleged damages sought by Plaintiff. The Court ruled, as a matter of law, that our client could not be held legally responsible for naturally occurring landslides after legal briefing and a lengthy hearing.
This is really great news for Bremer Whyte’s clients and a huge win for all the residents/property owners in this area.
You can read more about this important result in the Los Angeles Daily Journal, which featured this victory in their weekly section “Verdicts & Settlements” in July 2024. Read and subscribe here.