Darquea

BACKGROUND

Plaintiffs and defendants own adjoining property on a hillside in San Jose. Defendants’ property is downslope from plaintiffs’ property. A concrete retaining wall separates the properties. In 2017, plaintiffs filed a complaint against defendants alleging claims for nuisance, negligence, and declaratory and injunctive relief. According to the complaint, defendants planted trees abutting the wall; these trees blocked plaintiffs’ view and compromised the structural integrity of the wall. The complaint also alleged defendants damaged the wall by cutting into the concrete footing. Plaintiffs sought damages, a judicial declaration of the parties’ rights and responsibilities regarding the trees and the wall, and an order requiring defendants to remove the trees and repair the wall. In May 2018 — and before defendants answered the complaint — the parties mediated their dispute and entered into a settlement agreement. The agreement requires defendants to hire a structural engineer to inspect the retaining wall “and prepare a report on the fixes necessary to ensure the wall’s structural integrity.” The parties will share the cost of repairing “structural issues” but must bear…