Berkman v. City of
Hill
Filed 9/28/10 Berkman v. City of Morgan Hill CA6
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH
APPELLATE DISTRICT
JUDITH BERKMAN, et al.,
Plaintiffs and
Appellants,
v.
CITY OF MORGAN
HILL,
Defendant/Cross-Complainant
and Appellant,
v.
TORBEN RASMUSSEN,
Cross-Defendant
and Respondent.
H031707
(Santa Clara
County
Super. Ct.
No. CV031021)
The dispute
in this case concerns responsibility for claimed damages from a watercourse
that runs through the plaintiffs' properties.
The plaintiffs contend that the watercourse is part of the storm drain
system of the City of Morgan Hill
and that the City therefore is liable.
The trial court disagreed.
Following a bench trial, the
court rejected the plaintiffs' claims against the City for inverse
condemnation, trespass, and nuisance.
The court also rejected the City's cross-claims for indemnity against a
landscaper who had altered the watercourse.
The
plaintiffs and the City both appeal.[1] For reasons explained below, we shall affirm
the judgments on both the complaint and the cross-complaint.
BACKGROUND
I. Facts
A. The Parties
Plaintiffs
are Judith Berkman, A. William Berkman, Marcia Schneider, Kenneth Schneider,
and Ralph Heron. Defendant and
cross-complainant is the City of Morgan Hill. Cross-defendant is Torben Rasmussen, the Berkmans'
gardener and landscaper.
B. Plaintiffs' Properties
Plaintiffs
own homes on three adjoining lots in a 17-lot subdivision in the City of Morgan
Hill called Llagas Valley Acres, which is also known as Tract 6006. The subdivision was approved in 1977. The Berkmans own lot 12, which is located at 1135
Deana Court, Morgan Hill; the
Schneiders own lot 13, at 1125 Deana Court;
Heron owns lot 11, at 1145 Deana Court.
Plaintiffs'
homes are all situated downstream from a 31-acre watershed. Of plaintiffs' three properties, Heron's is
the furthest upstream and Schneiders' the furthest downstream. The watershed drains through an open
watercourse running through plaintiffs' properties.[2]
On the
Heron property, the watercourse is located within a 15-foot-wide storm drainage
easement that runs along his shared boundary with the Berkmans; on the Berkman
and Schneider properties, the watercourse is located within 40-foot-wide storm
drainage easements that bisect their parcels.
A grading plan was filed when the subdivision was approved, which
contains this notation: â€
| Description | The dispute in this case concerns responsibility for claimed damages from a watercourse that runs through the plaintiffs' properties. The plaintiffs contend that the watercourse is part of the storm drain system of the City of Morgan Hill and that the City therefore is liable. The trial court disagreed. Following a bench trial, the court rejected the plaintiffs' claims against the City for inverse condemnation, trespass, and nuisance. The court also rejected the City's cross-claims for indemnity against a landscaper who had altered the watercourse. The plaintiffs and the City both appeal. For reasons explained below, Courtshall affirm the judgments on both the complaint and the cross-complaint. |
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