Facts

The plaintiff owns a medical office building located at 2210 Santa Monica Blvd. in Santa Monica. Defendant city of Santa Monica owns and maintains trees along the parkway between the sidewalk and the street, including a ficus tree in front of the plaintiff's building. In early 2004, the building began having slow drains and back-ups, and plaintiff hired a plumbing company to clear the line. After doing so several times, plaintiff paid the company to excavate under the parkway and repair and replace the broken lateral sewer line at a cost of approximately $20,000.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that roots from a city-owned ficus tree infiltrated and damaged the plaintiff's lateral sewer line, and that defendant should be responsible for the damage, attorneys fees and costs, under the theory that plaintiff suffered a taking/damage to its property without just compensation (inverse condemnation) by the city.

The plaintiff had no problems with its lateral sewer until after the city of Santa Monica planted a ficus tree in a tree-cut out along the sidewalk in front of its building. The planting of the ficus tree was a public improvement and did not function as intended. The planting of the ficus tree was a substantial cause of the damage suffered by plaintiff. State inverse condemnation law takes precedence over city law.

DEFENDANT'S CONTENTIONS:
The defendant contended that the plaintiff failed to properly maintain its lateral sewer line, as required by the Santa Monica Municipal Code. Further, the ficus tree and root did not constitute a public improvement deliberately designed and constructed, nor did the tree fail to function as intended. Finally, the planting of the ficus tree was not a substantial cause of the damage suffered, and had plaintiff properly maintained its lateral sewer line, no damage would have existed.

Settlement Discussions

At an MSC, the plaintiff demanded $53,000 and defendant offered $3,500. Just prior to trial, plaintiff served a statutory offer to compromise for $18,000.

Damages

$20,000 in property damages;

Result

Judgment for defendant city of Santa Monica.

Other Information

FILING DATE: Feb. 15, 2006. The case is on appeal.