Rancho Viejo v. TRES AMIGOS VIEJOS

Appellant Rancho Viejo, LLC, sued respondent Tres Amigos Viejos, LLC, for damages after water imported by respondent for irrigation flowed onto and damaged appellant’s adjoining property. The trial court granted summary judgment in favor of respondent on the ground appellant’s causes of action were barred by Civil Code section 3482.5, which exempts prescribed agricultural activities from nuisance liability. Appellant contends (1) its causes of action for trespass and failure to contain irrigation water are not subject to section 3482.5’s exemption; (2) section 3482.5 was not intended to apply to circumstances where the adjoining properties were originally a single parcel that was subdivided into urban use by the original owner; and (3) assuming section 3482.5 was applicable to the facts, appellant raised triable issues of material fact preventing summary judgment based on the statute as a complete defense. We conclude the court correctly applied section 3482.5 to appellant’s causes of action, and appellant has not demonstrated the existence of any material factual issue as to respondent’s ability to prove its activities fall within the statute. Accordingly, we…