California Court of Appeal

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Hensley v. San Diego Gas & Electric Co., 070259

In a case in which the Court of Appeals previously dismissed the appeal of plaintiffs from a nonappealable stipulated judgment pursuant to a settlement agreement, and the parties entered into an amended stipulated judgment, the trial court's decision is reversed where: 1) the amended stipulated judgment is final and appealable and the court's opinion, with respect to the trespass and nuisance claims only, is not advisory; 2) on the merits, plaintiffs were legally entitled to present evidence of plaintiff's emotional distress on their claims for trespass and nuisance as annoyance and discomfort damages recoverable for such torts; and 3) the trial court excluded evidence of emotional distress damages in their entirety.

Appellate Information

  • Decided
  • Published 2017/01/31

Judges

  • O'ROURKE

Court

  • California Court of Appeal

Counsel

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