Madani v. Rabinowitz
Annotate this Case
Plaintiff filed suit against his next door neighbor, alleging trespass and nuisance claims, and seeking to remove a portion of defendant's fence, which encroached on plaintiff's property. Plaintiff also sought to enjoin defendant from continuing to park old, inoperable cars on a driveway plaintiff owned, and to collect damages for defendant's past use of the driveway. Defendant raised a statute of limitations defense.
The Court of Appeal affirmed the trial court's conclusion that the fence and parked cars were continuing encroachments and affirmed the trial court's order of their removal. Therefore, the trial court correctly found that plaintiff's trespass and nuisance claims were not time-barred. The court also affirmed the trial court's conclusion that plaintiff failed to prove his damages claim. Although the court agreed with plaintiff that he was entitled to damages, the court found the real estate appraisal expert's estimate was not an accurate measure of the benefit received. Furthermore, plaintiff did not present any other evidence upon which the trial court could value the benefits defendant received.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.