Case details

Defense: Motor home occupant trespassed on property

SUMMARY

$10200

Amount

Decision-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In October 2009, for 12 days, plaintiff Kellie Anderson parked her motor home on the driveway of the property of James Lowry in Burbank. Anderson and Lowry agreed that she would pay him $100 per week that she was there, with her eventual plans to move. Subsequently, Anderson claimed that Lowry put a .45 semi-automatic pistol to her head and threatened that he would kill her and her five dogs and six cats. Lowry denied the allegation. Anderson sued Lowry for assault and battery, as well as negligent and intentional infliction of emotional distress. Lowry denied all of Anderson’s allegations. Lowry cross-complained against Anderson for trespassing, money owed and infliction of emotional distress. Lowry claimed Anderson breached their contract by not paying him $200 she owed for using his driveway, and that she also concealed the fact that she had approximately 10 animals living with her in her motor home, which he claimed he did not know about. Lowry contended that Anderson fabricated the story that he tried to kill her and her animals. He further contended that Anderson would repeatedly come into his residence without permission and would ask to be supplied with electricity, among other things. Anderson’s counsel withdrew prior to trail, and as such, default was entered., Anderson claimed emotional distress from the allegation that Lowry told her he would kill her and her animals. She sought recovery for $1 million in damages, including her psychological distress. According to defense counsel, Anderson was on Social Security disability for physical and psychological issues. Defense counsel contended that Anderson was a “shakedown artist,” who had tried numerous times to falsely accuse individuals in order to gain compensation.
COURT
Superior Court of Los Angeles County, Burbank, CA

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