Burrows

—This is an action against the State of California for diversion of surface waters.

The complaint alleges that plaintiffs own a trailer park on Soledad Canyon Bo ad in Los Angeles County. In April 1963, the defendant state resurfaced and widened the road near plaintiffs’ property. “As a result’ ’of said resurfacing and widening, the road surface to the center and edge thereof was raised and a previously existing gutter “eliminated, thereby causing a change in the drainage pattern on the trailer park property.” (Italics ours.) As a result, water on plaintiffs’ property does not drain adequately, debris and dirt from ponding remain on plaintiffs’ property, access to the property has been reduced and water flows onto plaintiffs’ property from adjoining land.

It is impossible to tell from this complaint just exactly what the state is supposed to have done and how this has affected plaintiffs’ property. There is, however, no need to analyze the complaint, for after the ease was at issue a series of pretrial orders clarified the nature of plaintiffs’ complaint.

The first pretrial conference was held on September 5, 1965. At that time it was stipulated that certain “legal issues”…