Cases

Major Litigation With Caltrans: Over $80 Million Paid

The law firm of Wasserman, Comden, Casselman & Esensten recently finalized what is believed to be the largest settlement in Santa Barbara County history. Senior Trial Partner David B. Casselman confirmed that on the eve of trial Caltrans agreed and has now paid $80,970,000.00 to settle a major landslide case affecting Montecito residents. Mr. Casselman was lead trial counsel for the homeowners in the Sycamore Canyon area of Santa Barbara. This settlement included property damage, emotional distress damage, attorneys fees and costs.

The firm represented sixty-six residents in the case of Marc Alexander, et al. v. State of California Department of Transportation, which was filed in Santa Barbara Superior Court. The lawsuit stemmed from a major hillside failure that occurred in January 2006, completely demolishing one home, damaging the structures of several others, and threatening lives and property as the landslide progressed across State Route 144. The residents sued last September, alleging that Caltrans had caused the slide by negligently excavating the lower slope of the Canyon. Caltrans was attempting to stabilize the hill above Route 144 to prevent sloughing onto the highway. However, by removing a massive quantity of earth at the toe of the Canyon, Caltrans triggered a deep landslide which physically damaged certain homes, and threatened others as it expanded, stigmatizing the real estate market in the area.

Many residents were left without fire and emergency protection after the landslide. Local fire protection services were withheld due to the dangers associated with dispatching trucks and equipment into this unstable area during fire and other emergency circumstances. A portion of the settlement will be used to abate the slide and stabilize the hill directly above Highway 144, as well as to fix a dangerous geologic shift on a neighboring hillside adjacent to Sycamore Canyon Road. A corporation formed under the direction of Mr. Casselman and the geotechnical firm of Cotton, Shires & Associates will oversee the future stabilization of the area, which is expected to take over a year.

For further information, contact David B. Casselman at (818) 705-6800.