Quarterman v. Kefauver

Opinion

STRANKMAN, P. J.

Plaintiffs sued their next-door neighbor and the paint contractor who sanded and repainted the neighbor’s old Victorian house in San Francisco, alleging that the topsoil in their backyard had been contaminated by lead-bearing paint dust and paint chips. Plaintiffs sought damages based on theories of trespass, nuisance, and negligence. A jury awarded plaintiffs economic damages of $120,850 and noneconomic damages of $25,000.

Plaintiffs sought attorney fees pursuant to Code of Civil Procedure section 1021.9, which authorizes an award of fees in an action for damages to…