Costerisan
Costerisan v. Melendy
Opinion
Lead Opinion
Stone, J.
Plaintiffs, H. H. Costerisan and Allan H. McFarland, in their complaint each alleged a separate cause of action for false imprisonment against Tejón Ranch Co. and its agent, Henry Melendy, resulting from their detention while upon Tejón Ranch land during a hunting expedition. Plaintiffs alleged a right of access across Tejón Ranch land to their own landlocked property. Tejón Ranch and Melendy both filed cross-complaints against plaintiffs; Tejón Ranch alleged trespass, and Melendy alleged cross-defendants caused him mental suffering by threatening physical harm and threatening to sue him.
The jury was unable to agree on any of the issues of the Costerisan cause of action, and unable to agree on the issue of damages on the McFarland cause of action. Hence the trial court declared a mistrial as to the causes of action alleged in the complaint, a ruling that is not questioned.
On the cross-complaint the jury found in favor of Tejón Ranch on the trespass issue in its causes of action against Costerisan and McFarland. However, on the issue of nominal and compensatory damages the jury found “$ no damages” in each verdict. The trial court did not send the jury back with appropriate…