California Court of Appeal

In plaintiff's suit alleging inverse condemnation and tort causes of action against a number of public entities and a railroad, claiming that defendants caused his property to flood when it rained, trial court's judgment against plaintiff is affirmed where: 1) trial court correctly concluded that the three-year statute applies in the inverse condemnation claim; and 2) trial court was correct in finding that, even if statute of limitations did not apply, plaintiff failed to carry his burden of proof as to causation in his action against the public entities; 3) trial court properly granted judgment on the pleadings to the public entities; and 4) the three-year statute of limitations bars plaintiff's causes of action for nuisance and trespass against the railroad.

Appellate Information

• Decided 06/28/2010
• Published 07/28/2010

Judges

• GILBERT, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• John W. Belsher, Ronald W. Beals