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Contracts Keyed to Ayres
David Plotnik et al. v. John Meihaus et al.
Citation:
146 Cal. Rptr. 3d 585, 208 Cal.App.4th 1590 (2012)Facts
The Plotniks moved into their home in Laguna Niguel in 2003, with their property abutting the Meihaus property. Shortly after moving in, they began experiencing problems with the Meihaus family. A prior lawsuit between the parties was resolved in 2007 through a written settlement agreement containing a mutual restraint clause prohibiting harassment. Despite this agreement, the Plotniks continued to find yard clippings and trash thrown over their fence, and experienced confrontational encounters with Meihaus, who would make obscene gestures when passing them. The situation escalated on April 9, 2009, when David Plotnik was in his backyard with his miniature pinscher, Romeo. The dog ran through an open gate into Meihaus’s yard, and Meihaus struck the dog with a bat, causing injuries requiring surgery costing $2,600. Later that day, Meihaus’s sons confronted David Plotnik while he was photographing the fence, threatening him and making vulgar comments. The Plotniks sued, alleging multiple causes of action, and a jury awarded them damages on several claims, including breach of contract, trespass to personal property, and intentional infliction of emotional distress.
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