Facts

In 1992, Paulette Rapp, City National Bank, and Jay and Virginia Siegel owned property in the Topanga area of Los Angeles County. In 2005, a landslide moved on Rapp's property, as well as property owned by City National Bank, and Jay and Virginia Siegel. Consequently, the properties sustained damage. Each of the property owners sued each other, Los Angeles County, and the Flood Control District.

Upon evidence that the Flood Control District did not own, maintain, or operate any improvements in the affected area, the parties dismissed the district as a defendant.

The property owners claimed that two county drainage facilities diverted water that substantially contributed to the landslide. The county maintained that the small amount of water that may have come from the county road was not enough to cause the landslide. Moreover, the water from the county's improvements only reached the landslide area through Mrs. Rapp's drainage system, which she constructed without a permit. Had she applied for a permit for the drainage system, the application would have been rejected because the system was not designed properly.

Result

The parties reached a global settlement amounting to $1,850,000. The county, Rapp, City National Bank, and the Siegels, each contributed $425,000, and neighbors John Hyman and Anthea Rice together contributed $150,000 towards the settlement. Rapp received $750,000 of the settlement, the Siegels received $300,000, and City National Bank received $250,000. The remaining $550,000 was allocated towards repairing the landslide.

Other Information

The county maintained that it was not liable for the landslide, but agreed to contribute to the settlement in order to avoid the costs and risks associated with litigation. FILING DATE: Nov. 7, 2005.