Catalano & Catalano obtains injunction in Real Property Dispute

Catalano & Catalano was successful in obtaining an injunction issued by the San Diego Superior Court ordering an uphill landowner to fix and repair a landslide pursuant to the Catalano & Catalano’s experts’ repair recommendations.  At trial Catalano & Catalano’s geotechnical expert and contractor bidding expert testified that it would take approximately $850,000, to repair the hillside. Over the strenuous opposition from the other side, the San Diego Superior Court Judge issued an injunction ordering the uphill landowner to repair Robert McCollum’s property based upon the repair scheme and cost estimates promoted by Catalano & Catalano. (Robert McCollum is the downhill landowner.)

The Complaint prepared by Catalano & Catalano on behalf of Robert McCollum alleged that the uphill landowner’s improper drainage on the property caused the landslide to occur during the 2004-2005 rainy season.

On top of the award for the $850,000 repair, Catalano & Catalano also obtained a $40,000 settlement to compensate Robert McCollum for his out-of-pocket expenses. Catalano & Catalano will file a Memorandum of Costs with the Court for approximately $100,000 for expert fees and costs.  Such costs are expected to be awarded to Robert McCollum.