Judge Elaine W. Mandel, Case Number: 19SMCV00196, Date: 2023-08-09 Tentative Ruling

Judge: Elaine W. Mandel, Case: 19SMCV00196, Date: 2023-08-09 Tentative Ruling

Case Number: 19SMCV00196 Hearing Date: April 16, 2024 Dept: P

Tentative Ruling

Chiaverini, et al. v. Busiashvili, et al., Case No. 19SMCV00196

Hearing date April 16, 2024

Defendant Busiashvili’s Motion for Order Permitting the Judge and Jury to View the Properties of Plaintiffs and Defendant during Trial

In this neighbor property dispute plaintiffs sue for (1) quiet title; (2) continuing trespass; (3) ejectment; (4) common law and statutory damage to trees; (5) negligence; (6) nuisance; and (7) declaratory and injunctive relief. Defendant cross-complains for (1) declaratory relief; (2) quiet title; (3) negligence; (4) private nuisance; (5) trespass; and (6) negligent trespass.

Defendant seeks an order permitting a property inspection during trial, pursuant to Code of Civil Procedure section 651; see, e.g., People v. Fudge (1994) 7 Cal.4th 1075, 1104. The properties are located in a hillside area of Beverly Hills, 13 miles from the court.

Defendants argue surveys, photographs, videos and testimony alone are insufficient to allow the jury to assess the claims and cross-claims and a site visit would “provide the trier of fact with an exponentially better understanding of the relationship of the properties to one another.” (Reply, p. 5:16-17). The motion contains much argument regarding various claims, including adverse possession, which is not the basis on which to consider the motion’s merits.

Moving party fails to establish that evidence to be presented at trial, including surveys, photographs, videos and testimony (both expert and percipient) alone are insufficient to allow the finder of fact to come to a conclusion. Further, the remote location would necessitate taking a day of trial, which is an undue consumption of resources. Finally, the hillside properties may be inaccessible if jurors have mobility issues. Moving party fails to meet the burden of showing such inspection is necessary and fails to show other forms of evidence are inadequate. DENIED.