Hon. George Hernandez (Ret.)
REAL PROPERTY
- Neighbor dispute wherein Plaintiff alleged that Defendant trespassed onto his property and cut down or topped foliage. The plaintiff ultimately produced no evidence as to the identity of the perpetrator of the specific incident plaintiff testified he discovered. The plaintiff argued that the proof implicating defendants related to motive and opportunity, and that the defendant had a motive to cut down foliage to either “create” or “preserve” a view of San Francisco Bay. Defendants claimed they already had a view when the foliage was allegedly cut.