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Real Property
Eminent Domain
Inverse Condemnation

Renee Lawler v. County of Los Angeles, City of Long Beach, Matthew J. Grayley

Published: Oct. 30, 2020 | Result Date: Feb. 13, 2020 | Filing Date: Mar. 6, 2018 |

Case number: NC061674 Settlement –  $90,000

Judge

Michael P. Vicencia

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Montgomery Cole
(Madden, Jones, Cole & Johnson)


Defendant

Gregory M. Bergman
(BDG Law Group)

Theodore B. Zinger
(Office of the Long Beach City Attorney)

Rosa Linda Cruz
(Office of the Los Angeles County Counsel)


Facts

Renee Lawler and Matthew Grayley lived in Wrigley Heights. Following a period of significant rains, the area was impacted by flooding. Lawler sued the city of Long Beach and Los Angeles County Flood Control District. Grayley was initially named as a nominal defendant and was eventually named a direct plaintiff.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiffs contended that defendants caused flooding to plaintiff's property by failing to properly maintain property and facilities alongside the Los Angeles River. Moreover, the berm located east of plaintiffs' property had recently been modified by defendants to increase the force and flow of water onto plaintiffs' properties.

DEFENDANTS' CONTENTIONS: Defendant contended that government immunity applied to relieve them of any liability that plaintiffs alleged could be imposed on plaintiffs. Not only was there no causation established, but plaintiffs were also at the very least comparatively negligent.

Result

The settlement amount of $90,000 was paid in two separate settlement agreements: the Los Angeles County Flood Control District agreed to pay Lawler and Grayley $60,000 in settlement of their claims while the City agreed to settle with Lawler and Grayley for $30,000.


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