Fang

FACTS

In August, 2009, Abuershard approached Fang and offered to pay for a tree service to trim pine and eucalyptus trees on Fang‟s property. Respondent said the trees were a fire hazard. Fang agreed. Abuershard hired Rodrigo Lopez from Cardinal‟s Tree Service to perform the work.1 Lopez cut Fang‟s trees to stumps, and did the same to a pine tree on a neighboring property which belonged to Raymundo. Following a jury trial, appellants prevailed on a negligence cause of action against Abuershard.2 Fang prevailed on a breach of contract cause of action and Raymundo prevailed on a trespass cause of action. At the court retrial on damages, Kerry Norman testified as an expert witness for plaintiffs. He opined the tress were a total loss. The appraised value of Raymundo‟s pine tree (#96) was $5,800. The appraised value of Fang‟s trees totaled $28,300, consisting of $9,100 for the pine tree (#97), $5,800 for one of the eucalyptus trees (#98) and $6,700

1 The two were named as defendants in the complaint in this manner, but defaulted. The jury found Lopez responsible for 30 percent of the harm to plaintiffs. 2 Cardinal Tree Service was also a defendant and also defaulted.

2 each for the…