Tree fell onto property

[panthereyes]

Last July, I wrote a short letter to the neighbors whose house is above ours on a hill. The letter requested that they cut down a dead tree that threatened to fall across our property. A second letter was delivered to them in September reiterating the request. They ignored both. They never answer their doorbell and I can't find a phone number for them.

Last night the tree DID fall ... right across my property. Minor damage to plants, but it will cost me at least $1,000 to have the debris moved.

I doubt these neighbors will respond positively (if at all) when I ask that they pay all bills relating to this act of negligence on their part. I hate the idea of suing because the California courts are so full of civil cases it can take 5 years to get results.

 

[lars coltrane]

Sounds like you have a good claim. Make sure to take photos of the damage, keep all receipts regarding the clean up. Send them a letter requesting that their homeowners pay for the removal costs. If that does not work, then you go to small claims court. It does not take very long at all, maybe several months. If you win, then you have the trouble of collecting. However, if these people own the house, once you get your judgment, you file an abstract of judgment (renew if every 10 years) and when they go to sell the house, you have to be paid. And you get 10% simple interest annually on the amount of the judgment.

By the way, it no longer takes 5 years to get a case to trial in CA (at least in the southern half of the state). The courts have gone to a "fast track" program and most cases are resolved within 2 years of filing. Of course, the real problem is getting a jury to give a plaintiff's verdict in the soft tissue case. Juries are no longer giving large verdicts in this type of case, in fact, in the soft tissue case, even with clear liability, verdicts are very small. But, that is more than you wanted to know. Just me sharing with everyone.