Zipperer

Plaintiffs John and Cecilia Zipperer sued the County of Santa Clara on various theories, based on allegations that their solar home was malfunctioning as a result of shading from trees growing on defendant’s adjoining property. The trial court sustained defendant’s demurrer to plaintiffs’ first amended complaint, without leave to amend. This appeal followed. For reasons explained in the opinion, we agree with the trial court’s determination that plaintiffs have not stated any cause of action against defendant, nor is there any reasonable possibility that the defects in their complaint can be cured by amendment. Treating the order sustaining the demurrer as a judgment of dismissal, we therefore affirm.

FACTS

In the mid-1980’s, plaintiffs built a solar home on their property in Los Gatos, after obtaining permits to do so from defendant.

In 1991, defendant acquired a parcel of land that adjoins plaintiffs’ property, and defendant placed that land in a parks reserve. There is a grove of five or six trees growing on defendant’s land. Since 1991, those trees have been growing at the rate of 10 to 15 feet per year. By 2004, the trees were about 100 feet taller than when…