Great American Ins. Companies v. City of San Jacinto
Plaintiffs Great American Insurance Companies (GAIC), along with Gary Howard and Marlene Howard (Howards), filed a lawsuit against private property owners and the City of San Jacinto (City), for damage done to their property when a windstorm blew large tumbleweeds onto the Howardss property. As the Howardss insurer, GAIC sought recovery of amounts it paid to the Howards under their policy. The Citys liability was grounded in the fact it had posted nuisance notices on the neighboring properties under the municipal Weed Abatement Ordinance. The plaintiffs claim (1) the ordinance created a mandatory duty on the part of the City to clear the weeds; and (2) the notice, which gave the property owners 10 days to abate the nuisance or it would do so at the owners expense, created an implied contract obligating the City to do the work, of which the plaintiffs were third party beneficiaries. The trial court sustained the Citys demurrer to the plaintiffs first amended complaint, without leave to amend. Plaintiffs appeal from the judgment of dismissal as to the City, which was subsequently entered. Court find no mandatory duty on the part of a municipality to clear tumbleweeds from private property, nor any implied contract to do so, and affirm.
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