California Court of Appeal

In a suit against the state of California brought by property owners whose homes were destroyed or damaged in a 2007 fire, on theories of dangerous condition of public property and nuisance, trial court's order sustaining the state's demurrer without leave to amend and dismissal is affirmed where: 1) plaintiffs have failed to state a cause of action for dangerous condition of public property as, in the absence of a defect in the property, plaintiffs cannot allege facts establishing a causal connection between the defect and the injuries sustained; and 2) having decided that plaintiffs cannot proceed on their claim for dangerous condition of public property, it follows that the nuisance claim which mirrors that cause of action also cannot proceed.

Appellate Information

• Decided 07/26/2010
• Published 07/26/2010

Judges

• EPSTEIN, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Walter J. Lack, Edmund G. Brown Jr