Television host Carson Daly won a round in court Wednesday when a judge dismissed part of a lawsuit by an oil company that alleges either he or members of a trust built a fence that encroaches on the firm’s property in Santa Monica.
Los Angeles Superior Court Judge Frederick Shaller tossed Santa Monica Petroleum’s claim for breach of an oral contract. The judge agreed with defense attorneys that the claim was void because the contract was not in writing.
The oil company’s other causes of action for trespass and private nuisance will remain in the lawsuit. The plaintiffs also are requesting that the judge find that the fence infringes on the oil firm’s property and order that it be removed by a qualified contractor at the defendants’ expense.
Santa Monica Petroleum filed the lawsuit in March 2015 against Daly, the Ocean Way Real Estate Trust, and two other individuals, Bryan Kelly and Emily White.
Daly, the 42-year-old trustor of the trust, was not present in court. According to the lawsuit, he owned property on Ocean Way until he transferred it to the trust in January 2006. Sometime during the period in which Daly and the trust owned the property, a fence was built that “impermissibly encroaches” on the oil company’s land, the suit states.
Daly and the trust orally agreed in September 2014 to remove the fence from the firm’s property, but the trust failed to do so and sold the home to White and Kelly the next month, the suit states.
Both White and Kelly ignored a demand from Santa Monica Petroleum in December that they move the fence off the company’s land and it continues to encroach on the firm’s property, the suit states.
The actions of all defendants were “done with a conscious disregard” of the rights of Santa Monica Petroleum, according to the lawsuit.
Shaller scheduled a case management conference for July 7. The lawsuit was filed in March 2015.
—City News Service