Hariri v. Clock CA1/2
Plaintiff Firuze Hariri (Hariri) brought suit against her neighbors Edwin and Nancy Clock (the Clocks), alleging that the landscaping on their property unreasonably obstructed the views from her property in violation of the Tiburon Municipal Code and in breach of a 1983 agreement resolving a previous dispute between the parties. After a bench trial, the trial court agreed and issued an injunction requiring the Clocks to trim or remove various vegetation planted on their property and on an adjacent right-of-way owned by the Town of Tiburon (the Town). After judgment, Hariri sought to recover her expert witness fees on the basis the Clocks had failed to obtain a “more favorable” judgment than her settlement offer under Code of Civil Procedure section 998, as well as the costs of an unsuccessful court ordered mediation which she argued was reasonably necessary to the conduct of the litigation. The trial entered an order taxing costs and denying Hariri’s requests.
Comments on Hariri v. Clock CA1/2