Bunch

Bunch v. Coachella Valley Water District

Good Law
1989 Cal. App. LEXIS 985·214 Cal. App. 3d 203·262 Cal. Rptr. 513
Court of Appeal of CaliforniaSeptember 22, 1989Docket Nos. E005384, E005470California5,073 words

Opinion

Opinion

Campbell, J.

This case involves a dispute between the owners of an apartment house located in the City of Rancho Mirage (plaintiffs/ appellants Kenneth and Deidre Bunch—hereafter, the Bunches) and a local water district (defendant/appellant Coachella Valley Water District— hereafter, the District) concerning flood damage suffered by the Bunches’ apartment house in 1979. The flood damage was alleged to have been caused by a failure of one of the District’s flood control facilities. The action sounded in inverse condemnation. The issue of liability was tried to the trial court, while the issue of damages was tried to a jury.

The trial court found in the Bunches’ favor with respect to the issue of liability. Following the jury’s subsequent determination of damages, judgment was entered. The Bunches have appealed from the judgment only with regard to the calculation of interest which was included as a part of the overall award of damages. The District has appealed from the judgment in all regards.

As we discuss below, we conclude that this matter must be reversed and remanded to the trial court for further trial proceedings in light of our Supreme Court’s recent decision in Belair v.…

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