Ullery

John Ullery and David Warwick filed a complaint for inverse condemnation against the County of Contra Costa (County), the City of Lafayette (City) and the Central Contra Costa Sanitary District (District) (hereinafter referred to collectively as the public entity defendants) for damage due to landslides which occurred on their respective parcels of real property. Following court trial, judgment in favor of the public entity defendants was entered. Ullery and Warwick appeal on the basis that the judgment is neither legally sound nor supported by substantial evidence.

I

Viewing the evidence in the light most favorable to the judgment, we set forth the following facts. (See Crawford v. Southern Pacific Co. (1935) 3 Cal.2d 427, 429 [ 45 P.2d 183 ].) Appellants are the owners of adjacent lots in City. Prior to incorporation into City in 1968, the properties were within unincorporated areas of County. The Ullery property is a south-facing hillside lot within one subdivision tract and the Warwick property is a north-facing hillside lot within another subdivision tract. Each lot is improved with a single-family dwelling. In 1978, a landslide occurred on the Ullery property.…