California Court of Appeal

In plaintiffs' case against county alleging dangerous condition of public property, nuisance and inverse condemnation arising from a massive landslide after heavy rains in La Conchita in 2005, summary judgment on all causes of action except inverse condemnation in favor of county is affirmed where: 1) plaintiffs' expert's declaration contained statements that conflict with statements he made in a previous report on a material issue and because the conflict was unexplained, the declaration does not establish a triable issue of fact; and 2) the public entity approved a design that contemplated the possibility of a specific change of condition that occurred in this case, and thus, the public entity retains its immunity.

Appellate Information

• Decided 10/20/2009
• Published 10/20/2009

Judges

• GILBERT, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Loeb & Loeb, Anthony Murray, Michael Thurman, Sharon S. Mequet and Daniel J. Friedman, Los Angeles, for Plaintiffs and Appellants.


• For Appellees:
  
• Richards, Watson & Gershon, Robert C. Ceccon, Saskia T. Asamura, T. Peter Pierce and Michael F. Yoshiba, Los Angeles, for Defendant and Respondent.