Paterno

Property owners sued the State of California (the State, which includes the Sacramento and San Joaquin Drainage District), Reclamation District 784 (the District) and others no longer in the case, seeking damages after a levee failed. Sample plaintiffs (Paterno) lost on some theories, but won on an inverse condemnation (takings) theory. In related appeals, defendants appeal and Paterno cross-appeals. The takings count must be retried because of changes in the law and because Paterno proceeded on an erroneous legal theory. We uphold the jury’s defense verdict on Paterno’s theory of dangerous condition of public property. The trial court’s refusal to allow the jury to consider a nuisance theory was erroneous under existing precedent, but Paterno has not shown prejudice. We address a few other issues and reverse with directions.

We have seriously considered the requests by the State and the District that we reverse with directions to enter a defense judgment on the inverse condemnation claim, based on the paucity of relevant evidence in the record and the likelihood Paterno will not prevail. (Burtis v. Universal Pictures Co., Inc. (1953) 40 Cal.2d 823, 835 [ 256 P.2d 933 ];…