RECENT CALIFORNIA DECISIONS

October 2008

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First District Holds Public Agency’s Ownership of Entire Drainage System Not Required for Property Owner to Proceed with Inverse Condemnation Claim against City
Skoumbas v. City of Orinda, ___Cal.App.4th___

A property owner filed suit against the City of Orinda (Orinda) for damages, claiming inverse condemnation, nuisance, and trespass after water discharged from a storm drain caused damage to their property. The trial court granted summary judgment, concluding that Orinda could not be held liable for the erosion because there was no evidence that the entire drainage system was a public improvement owned by Orinda or its predecessor in interest. The Court of Appeal reversed the judgment based on its determination that triable issues of material fact precluded the grant of summary judgment. The Court of Appeal held that Orinda did not establish that it had a complete defense to liability. As a matter of law, Orinda’s ownership and control of a portion of the drainage system made Orinda potentially liable for damage. The Court of Appeal concluded that the critical inquiry was not whether the entire system was a public improvement but rather whether Orinda acted reasonably in its maintenance and control over those portions of the drainage system it does own.