Rainey

BACKGROUND

Plaintiffs have neighboring properties located downhill from an irrigation ditch maintained, managed, operated, and owned by the District. Plaintiffs sued the District for inverse condemnation, private nuisance, and dangerous condition of public property, generally alleging: the District’s irrigation ditch leaked water onto their properties; around the same time, subsurface water began seeping out of banks on their properties; the District attempted to fix the leak to no avail; water continues to leak/seep onto their properties; and the water has caused landslides on their land. The District filed a motion for summary judgment or, in the alternative, summary adjudication, and a motion to bifurcate the trial. In December 2023, the trial court issued

1 As explained post, we grant the District’s motion to strike Rainey as a party to this appeal because he is not aggrieved by the trial court’s ruling on the motion for judgment on the pleadings.

2 a memorandum decision and order denying the District’s motion for summary judgment and granting and denying in part its motions for summary adjudication and bifurcation. As pertinent here, the trial court granted the motion for…