California Court of Appeal
City of Pasadena v. Super. Ct., B254800
In this tort action in which a tree owned by defendant-city fell on a residence and plaintiff-insurer sued for inverse condemnation and nuisance, a petition for writ of mandate challenging the trial court's order denying summary judgment is denied, where: 1) there are triable issues of material fact as to whether the tree is part of a work of public improvement; and 2) defendant failed to meet its burden on summary adjudication of establishing that plaintiff could not show nuisance.
Appellate Information
- Decided 08/14/2014
- Published 08/14/2014
Judges
- CROSKEY
Court
- California Court of Appeal