Ektelon

Several commercial property owners and tenants sued an upstream developer and the City of San Diego (City) for flood damages. The trial court granted nonsuit for the developer and as to part of the lawsuit against City, finding ordinary negligence principles do not govern upstream developments. The City obtained a defense judgment on all other issues. We find the court erred in granting the nonsuit based on its failure to recognize ordinary negligence principles govern an upstream landowner’s construction of flood control structures. We reverse the judgment and remand for a new trial.

I

This appeal involves the continuing validity and interpretation of the rule enunciated in Archer v. City of Los Angeles (1941) 19 Cal.2d 19, 24-25 [ 119 P.2d 1 ], which formed the basis of the trial court’s granting motions for nonsuit on the issue of defendants’ potential liability for flood damage to plaintiffs’ properties. Archer holds a downstream owner of property has no right of redress for injury to land caused by improvements made in the watercourse by an upstream owner to protect upstream land, even though the channel is inadequate to accommodate the increased flow of water…