JOHN F JARECKI JR AND MARIA JARECKI TRUSTEES OF THE JOHN AND MARIA JARECKI TRUST DATED JULY 8 1998 vs. EDWARD ZITTER AND JUDITH ZITTER CO-TRUSTEES OF THE ZITTER FAMILY TRUST DATES AUGUST 9 2004

Case No.: 37-2013-00032976-CU-MC-CTL    

Defendants Edward Zitter and Judith Zitter, Co-Trustees of the Zitter Family Trust Dated August 9, 2004's motion for an order requiring a bench trial is denied.

The complaint alleges two causes of action for Abatement of Private Nuisance and Trespass to Land. The Abatement of Private Nuisance cause of action arises out of allegations of Defendants' construction of a block wall across the boundary between Plaintiffs' property and Defendants' property [FAC ¶¶ 9-13]. The complaint seeks both compensatory damages and punitive damages under this cause of action [FAC ¶¶ 19-20] and also seeks an injunction "to compel Defendants to remove the construction" [FAC ¶ 21]. Similar to the Abatement of Private Nuisance cause of action, the Trespass to Land cause of action arises out of allegations of Defendants' construction of the block wall, specifically Defendants' entry onto Plaintiffs' land to construct the wall. [FAC ¶¶ 24-26]. However, this cause of action also includes all........