California Court of Appeal

Contra Costa County owns and operates a drainage system which connects to a drainage channel on adjacent property owned by Pinole Point Properties. When the drainage channel is function, its water flows into San Pablo Bay. After experiencing storm-related flooding, nearby homeowners sued the County and the County cross-complained against Pinole Point for nuisance and negligence. The County alleged that Pinole Point was responsible for the flooding by permitting the drainage channel to be blocked with debris and vegetation. Pinole Point filed a cross-complaint against the County. After the County and Pinole Point settled with the homeowners, their claims against each other proceeded to a bench trial, and the court, applying a reasonableness test set forth in Keys v. Romley and Locklin v. City of Lafayette, found in favor of the County and against Pinole Point, awarded damages to the County, and ordered Pinole Point to clear and maintain the obstructed drainage channel. The judgment is affirmed, where the trial court properly applied the reasonableness test and substantial evidence supported its findings that the drainage channel is a natural watercourse, that the County's conduct with respect to its property had been reasonable, and that Pinole Point's failure to maintain the drainage channel had been entirely unreasonable in light of its actual or constructive knowledge when purchasing the property of the existence of the drainage channel and the need to keep it clear of debris to prevent flooding.

Appellate Information

• Decided 04/03/2015
• Published 04/03/2015

Judges

• Kline

Court

• California Court of Appeal

Counsel