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Real Property
Inverse Condemnation
Public Nuisance

Susan Morris, P.J. Pesce v. City of Los Angeles, Mountains Recreation And Conservation, Santa Monica Mountains Conservancy, State of California

Published: Jun. 14, 2014 | Result Date: Aug. 28, 2013 | Filing Date: Jan. 1, 1900 |

Case number: BC448511 Settlement –  $2,000,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Marlena Mouser

Damon M. Guizot


Defendant

Timothy McWilliams
(Office of the City Attorney)

Peter E. Langsfeld
(Office of the Los Angeles City Attorney)


Facts

Susan Morris sued the City of Los Angeles, the Santa Monica Mountains Recreation and Conservation Authority and others.

Contentions

PLAINTIFF'S CONTENTIONS:
Morris argued that her property was damaged due to mud, water, and debris flow, caused by the defendants. Mud, water, and debris from the conservancy agencies Trebek Open Space, a 62 acre open space in the Hollywood Hills that provides trails for hikers, mountain bikers, and equestrians, caused roads to be closed, and buried portions of Morris's property. Morris argued that the defendants' failed to properly maintain its property and public works, and that they knew failure to maintain them in reasonable condition, caused her damages.

Morris asserted causes of action for negligence, trespass, public nuisance, private nuisance, dangerous condition of public property, inverse condemnation, and denial of equal protection.

DEFENDANT'S CONTENTIONS:
Defendants denied Morris's allegations and asserted various affirmative defenses. They claimed that Morris' own negligence caused her damages.

Result

Plaintiffs settled claims against the city for $2 million.

Other Information

Plaintiffs remaining claims and he city's cross-claims are pending. The City of Los Angeles is seeking to recover the $2 million from Clarke Contracting, the Mountains Recreation and Conservation Authority and the Santa Monica Mountains Conservancy.


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