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Real Property
Dangerous Condition of Public Property
Inverse Condemnation

Minoru Tsujimoto, Margaret Tsujimoto, William Nicolson v. City of Oakland

Published: May 18, 2004 | Result Date: Jan. 9, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 2002038902 Verdict –  $0

Judge

Horace Wheatley

Court

Alameda Superior


Attorneys

Plaintiff

Gerald R. Welch


Defendant

Jannie L. Wong


Experts

Plaintiff

Peter Mundy
(technical)

Ronald Kaminski
(technical)

Alan Kropp
(technical)

Defendant

R. William Rudolph
(technical)

Margaretta J. Darnall
(technical)

Robert B. Ryder
(technical)

Facts

During February 1998, a landslide damaged the adjacent properties of the plaintiffs in Oakland. The plaintiffs claimed that a leak in the city sewer line caused the landslide that was responsible for the damage to their properties. The plaintiffs sued the city of Oakland and alleged inverse condemnation, nuisance and premises liability for the dangerous condition of public property. The defendant city of Oakland argued that the leak in the sewer line was not a significant cause of the landslide which had occurred as a result from the El Nino storms. The defendant also stated that the plaintiffs' properties were built on an over steepened slope and weak geological materials.

Settlement Discussions

The plaintiffs demanded $750,000; the defendant offered $25,000.

Damages

The plaintiffs claimed combined diminution of the value of their properties to be $791,000.

Result

Prior to trial, the court dismissed the inverse condemnation claim, having found that a leak in the sewer line was not a substantial cause of the landslides on the plaintiffs' properties. The jury found in favor of the city of Oakland as to nuisance and dangerous condition of public property.

Deliberation

2.5 hours

Poll

12-0

Length

10 days


#95797

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