Facts

This case involves plaintiffs' residential home built in approximately 1961, located in an unincorporated municipal area within the County of Orange. The County owned a 10-foot easement on the south side of the home, which consisted of a subterranean storm drain that ran across the property to the Coyote Creek channel located behind the home. The storm drain was a 42-inch corrugated metal pipe, which was typical for the time it was installed in approximately 1960. The storm drain serviced the transfer of drainage water from two tracts, consisting of approximately 200 homes.

From the testimony of present County employees and the historical records, the County did not inspect, maintain, or repair the storm drain, which it considered to be a smaller "road drain," for nearly 50 years.

In December 2007, plaintiffs began experiencing distress to their home, particularly on the south side of their home, which had begun to gradually move out of level, ultimately by 4½ inches.

In February 2008, plaintiffs hired an architect and contractor to repair the south side and were advised by the architect, whom did some research through County records, that a storm drain existed a couple feet from the south side of their house.

Plaintiffs discovered that the storm drain was corroded, perforated, separated, and portions had collapsed, giving it a squashed appearance. Plaintiffs immediately reported the damage to the County, which began an investigation that was unbeknownst to them, not to repair the home, but to prepare for litigation.

Plaintiffs retained expert Gregory Axten to evaluate the problem. Axten's opinion was that the home was directly and substantially damaged by the storm drain, which had exceeded its design life span. Plaintiffs presumed that the home would be repaired, along with the storm drain, but the County did not repair the home.

Plaintiffs brought several actions under the Government Claims Torts Act (negligence and dangerous condition) and for inverse condemnation under the California Constitution.

The County did not begin replacement of the leaking corrugated metal storm drain until April 2010, over two years after plaintiffs' claim was made. When the corrugated storm drain was excavated, the storm drain was significantly damaged and perforated, particularly on the bottom, and showed signs of separation and collapse. There was also excess water found around the storm drain, which the County claimed was nuisance water that was trapped between the storm drain pipes and catch basin. The County replaced the damaged corrugated metal storm drain with a reinforced concrete pipe.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the corrugated metal storm drain, which was perforated, separated, and collapsed after nearly 50 years of no maintenance, leaked drainage water into the soil next to their home, and permitted surrounding soil to cave into damaged drain, causing a destabilization around the home, particularly on the south side, which incurred 4½ inches of settling.

Plaintiffs also contended that water from the drainage pipe traveled through a capillary effect beneath the home, which, in turn, created a "doming" feature in the center, which caused damage throughout the entire property.

DEFENDANT'S CONTENTIONS:
The County contended that any damage to plaintiffs' home existed prior to their purchase in 1994 due to poor soil and compaction by the developer, and that the home was not properly maintained.

The County also contended that any water inside the storm drain was low flow and fast velocity that either moved completely through the pipe to the channel or traveled downward as opposed toward the home.

Settlement Discussions

The County would not participate in a mediation. No offers of settlement were made by the County, other than an offer to waive costs.

Result

$515,988 to plaintiffs. The jury found causation and liability against the County and awarded both economic and non-economic damages. The jury awarded the full amount of damages as requested by plaintiffs and their experts.

Other Information

FILING DATE: Oct. 6, 2008.

Deliberation

1.5 days

Poll

12-0 (causation and liability)

Length

13 days