Smith v. County of Los Angeles

The owners of three homes destroyed by a landslide, plaintiffs Bruce Smith, Marvin Forrest, and Henry and Janet Del Giudice (here inafter Homeowners), obtained a judgment against defendant County of Los Angeles (County) in an amount in excess of $3 million on causes of action for inverse condemnation, dangerous condition of public property, and nuisance. Judgment was entered in favor of codefendant Los Angeles County Waterworks District No. 29 (Waterworks).

County appeals from the judgment, contending (1) Homeowners’ tort claims for dangerous condition of public property and nuisance were not timely filed pursuant to the California Tort Claims Act, (2) the trial court erred in instructing the jury regarding theories of liability not included in Homeowners’ tort claims, (3) the trial court erred in prohibiting County from calling two County geologists as witnesses because County had not designated them as expert witnesses prior to trial, (4) the trial court erred in refusing to exclude evidence of County workers’ recommendations for remedial measures, (5) because removal of slide debris from the roadway was an exercise of police power and reasonable as a matter of law,…