Rick wrote: "So, Willa, you're the judge now? Last I heard it was up to the judge to determine whether the plaintiff established his claim."
Rick, you need to follow the thread and not jump around. The thread dealt with an earlier statement: "...the judge might actually have to finally determine where the Bowen Ranch property line is, to solve this case."
The "claim" which was being discussed in the thread dealt with that of the property line. No, I wasn't there at trial but jobe earlier wrote: "In court Mike told the judge Scardino was on BLM land." "Scardino was unable to articulate to the judge where he was."
The "claim" being discussed in the thread dealt with the claim of whether Scardino was on Mike Castro's property or not; not the (overall) case claim against Castro.
Scardino in trying to hold Castro responsible, held the legal duty to prove with a legal proponderance of evidence his claim that the damage was done on Castro's property. According to jobe, Scardino appears to have failed. And even if proven, another hurdle exists as to whether Castro owed any other duty to Scadino. Scardino only paid for a toll fee as Castro clearly advertises. The fee is not promoted as a parking or security fee.
Heck, as Scardino and all of "the people" got into his vehicle and drove off Bowen Ranch not seeing any damage on the vehicle, I think the bigger question is whether the ($2,600.00!) damage was even done at Bowen Ranch or later.
Be realistic, Rick, it just sounds flakely to see damage a day later, admit that nobody (multiple people) saw any damage at Bowen Ranch, and then conclusively claim that it happened at Bowen Ranch. At best, it is a guess. The law is not likely to make Castro pay for Sardino's guessing. That's what insurance is for. Why hasn't Scardino simply filed an insurance claim? Or does Scardino fear some problem with that?