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MASSEI v. LETTUNICH

Docket No. 23060.

248 Cal.App.2d 68 (1967)

56 Cal. Rptr. 232

JOHN MASSEI et al., Plaintiffs and Appellants, v. PETER LETTUNICH et al., Defendants and Respondents. FUMIE SPINETTI et al., Plaintiffs and Appellants, v. PETER LETTUNICH et al., Defendants and Respondents. WILLIAM A. ROBISHAW et al., Plaintiffs and Appellants, v. PETER LETTUNICH et al., Defendants and Respondents. SADAICHI SODA et al., Plaintiffs and Appellants, v. PETER LETTUNICH et al., Defendants and Respondents. HARVEY E. PATTERSON et al., Plaintiffs and Appellants, v. PETER LETTUNICH et al., Defendants and Respondents. (Consolidated Cases.)

Court of Appeals of California, First District, Division Three.

January 25, 1967.

Attorney(s) appearing for the Case

Wyckoff, Parker, Boyle & Pope, Murphy & Adams, Richard H. Abraham, Lee Pope, Richard W. Kessell, Herbert Wyckoff and Robert A. Bolton for Plaintiffs and Appellants.

Drobac & Britton, Hoge, Fenton, Jones & Appel, Anthony J. Franich, Lewis L. Fenton and John I. Horton for Defendants and Respondents.

BROWN (H.C.), J.

Appellants are adjoining homeowners of residential property in Watsonville who consolidated their actions to recover damages sustained to their property as a result of landslides and subsidence of their land. Respondents are Peter Lettunich, the landowner, and the Malatestas, Andrew and Louis, who did the actual filling and grading work under Lettunich's direction.

The actions were tried on two theories of liability: (1) negligence on the...

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