Pestarino v. Carnighi
Plaintiff and cross-defendant, Rebecca Pestarino and defendants and cross-complainants, Chris L. Carneghi and Sherry Hall are co-owners of 66 acres of real property adjacent to Portola State Park in San Mateo County. Hall and Carneghi claimed that Pestarino committed waste on the property by illegally grading a road, digging up a pasture, and pushing dirt into a seasonal creek. The trial court found that, by the time of trial, the property had recovered from the excessive tractor work, that its market value was not any less than it would have been absent the work, and that Pestarino had paid for all reasonable remediation of the damage. The court also found, however, that the work had disrupted the natural state of this wooded and rural property, thereby diminishing its value to Hall and Carneghi during the time it took to be restored. The court awarded Hall and Carneghi $28,500 each as compensation for that injury. Pestarino appeals. She argues that there is no substantial evidence to support the award. Court agree and reverse.
Comments on Pestarino v. Carnighi