Schooler
Schooler v. State of California
Opinion
Opinion
Work, J.
Louis V. Schooler appeals a judgment after the trial court granted summary judgment in favor of the State of California (the State) on his suit for injunction to abate a nuisance, costs of efforts to abate the nuisance and general damages arising from loss of use and the diminished value of his property caused by erosion of a state-owned adjacent bluff. He contends the court erred in finding the unimproved bluff adjacent to a public beach is a natural condition as a matter of law for purposes of the immunity designated in Government Code section 831.25. He also contends that with respect to the injunctive relief, any governmental immunity afforded under section 831.25 is barred under section 814, which under some circumstances permits a litigant to pursue actions against a governmental entity for nonmonetary relief. As we shall explain, Schooler’s nuisance cause of action fails as a matter of law because, on these facts, the State has no duty to prevent the bluff erosion and his damage action is barred by the immunity of section 831.25. Accordingly, we affirm the judgment.