QUESTION

Do I have a case to sue?

Asked on Mar 11th, 2017 on Litigation - California
More details to this question:
On 2/17/17 an overgrown city owned tree feel on my house and 2 vehicles causing major damage to all three. The house is 95 years old and located in the historical district of downtown Fullerton Ca. Firefighters and police CSI were dispatched and a police record is on file. Early damage estimates for my home and cars are at 26K-28K. Since 1999 three other large trees have fallen on this street causing damage. The city has refused to make these 50 or 60 trees safe. Do I have a case to sue the City of Fullerton?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Before knowing the answer to your question, an attorney would need to research the title and subdivision maps establishing ownership of the land where the tree is located. Is it the city's tree or is it your tree? In many cities, you own the sidewalk and any landscaped area between the sidewalk and the street, and the city just has an easement for the sidewalk. That's how it is in front of my own house. I dedide what to plant there, and if my landscaping causes any injuries, that's my problem, not the city's. But on other streets nearby, the city selects, plants and maintains the trees, and any damage would be its responsibilty. That's on two streets in the same city, in the same neighborhood. Even a small lawsuit costs at least $30,000.00. Cities either have insurance which aggressively defends such lawsuits, or their own in-house city attorneys who do the same. This lawsuit is likely to cost more. For that reason, you might need to call or email quite a few lawyers before you find one willing to take this on. Or you might get lucky with your next one. Keep trying. Do not delay. You must file a formal claim very soon after the occurence. I do not know how soon. If you hired me, that would be the first thing I would look up. If the city rejects the claim or fails to respond within a specified short time, then after that, you will have only a short time to file the actual lawsuit. So get an attorney ASAP. Good luck. Dana Sack  
Answered on Mar 13th, 2017 at 10:30 AM

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