Facts

Plaintiff Phillip Goulart is an almond farmer. On April 4, 2016, a canal operated by defendant Fresno Irrigation District breached, flooding portions of plaintiff's almond orchard. On May 2, 2016, the canal again breached at the same location, resulting in additional flooding of the almond orchard.

Plaintiff submitted a timely tort claim, which was rejected by the Fresno Irrigation District.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that the flooding constituted inverse condemnation and negligence. Plaintiff claimed that the floodwater had damaged his almond orchards. He sought the cost of repairs to the orchard, the reduced crop yield for the past crop, and future damages.

DEFENDANT'S CONTENTIONS: Fresno Irrigation District contended that the almond orchard had not been damaged and that the release of water was caused by rodents.

Insurer

The Fresno Irrigation District was insured by the Association of California Water Agencies Joint Powers Insurance Authority.

Damages

The damages sought were $1,256,759, $44,734 in interest, Civil Code 3346 damages for injuries to trees of $894,695, and attorney fees of $39,548.

Result

Following mediation, the parties settled the dispute for $1,175,000.