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Stevens v. 396 Investment Co.5/17/2005
ed in pertinent part: "The court has set the trial of this matter to begin on October 16, 2000. The parties stipulate and agree that this matter may be tried in two or more phases, with the first phase beginning on that date. Subsequent phases of the trial will begin on a date or dates to be established by the court upon conclusion of the first phase of the trial. The issues to be determined in the first phase are as follows: [ ] (A) The liability of any and all parties for the failure of the major buttressed slope located generally in the Peralta Pointe and the Vista Royale developments. [ ] (B) All defenses of those against whom claims of liability for the slope failure are being made. [ ] (C) To the extent applicable, apportionment, contribution, and comparative fault with respect to liability for the slope failure. [ ] All other issues, including successor and/or alter ego liability of Fieldstone Communities, Inc., and Cypress Homes, Inc., shall be determined in the later phase(s)."
The statement of decision continued: "A jury was sworn and the trial commenced on April 4, 2001. The [Phase I] trial continued through June 19, 2001, on which date the jury began deliberations. [ ] The jury returned a special verdict on June 20, 2001, finding, among other things, that . . . Anaheim was legally responsible for the slope failure on three tort theories: (1) dangerous condition of public property, (2) nuisance, and (3) trespass." In addition, the court held the plaintiffs were entitled to recover on an inverse condemnation theory.
(2) Phase II
Per a November 28, 2001 minute order, the court described the issues for the Phase II trial, scheduled for February 11, 2002, as including: (1) the damages suffered by Vista Royale, the Peralta Pointe Homeowners Association, and the individual homeowners; (2) the damages of 396, including those arising out of assigned claims; (3) all claims against Anaheim for express or implied indemnity or contribution, arising out of the landslide; and (4) any of Anaheim's affirmative defenses that had not already been adjudicated as to damages.
Phase II of the trial began February 28, 2002. Sixteen individual judgments were thereafter entered from October 2, 2002 through October 9, 2002. Fourteen of those judgments awarded damages to homeowners, in amounts ranging from $302,444.38 to $1,891,186.44. One judgment awarded to 396 $9,086,009 in damages, together with certain fees and costs and $1,462,863 in interest, and ordered that Anaheim take nothing against 396 with respect to the latter's Phase II cross-claims. The remaining judgment awarded to Vista Royale nominal damages, and certain fees, costs and interest.
II. DISCUSSION
A. INTRODUCTION: Anaheim, in a 100-page opening brief, asserts a plethora of errors. The major categories of asserted error pertain to: (1) causation; (2) design immunity; (3) estoppel by deed; (4) easement; (5) other defenses; (6) exclusion of evidence; (7) jury instructions; (8) tort claim filings; and (9) offsets, attorney fees and prejudgment interest. We will address the many issues in turn.
In doing so, we will keep in mind the following: "The trial court's decision is predominantly based upon questions of credibility, weighing conflicting evidence and drawing reasonable inferences from the voluminous evidence presented. Our role as a reviewing court is well known. (1) We resolve all evidentiary conflicts in favor of the prevailing parties, and indulge all reasonable inferences possible to uphold the trial court's findings. [Citation.] Our power `". . . begins and ends . . ."' with a determination whether any substantial evidence exists, contradicted or uncontradicted, which
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