LOMBARD ACCEPTANCE v. Town of San Anselmo

Defendant Town of San Anselmo (Town) appeals from an order granting a preliminary injunction against Town sought by plaintiff Lombard Acceptance Corporation (Lombard). (Code Civ. Proc., §§ 527, 904.1.) The preliminary injunction ordered Town and others (defendants Jonathan Bulkley and Henry and Mary Conversano) to pay their respective shares for the cost to "winterize" a landslide that had caused debris to flow onto Lombard's property. On appeal, Town challenges the trial court's determination that Lombard was likely to prevail on the merits of its suit against Town. We conclude the trial court applied the correct legal principles and acted within its discretion when it determined that Lombard was likely to prevail. Accordingly, we affirm the order granting the preliminary injunction.

Oak Springs Unit No. 5 is a ridge-top subdivision located in San Anselmo that is served by Oak Springs Drive, which was dedicated to Town as a public street. Oak Springs Drive deadends at the lowest point along the ridge and drains all water runoff that reaches the street into a valley gutter that traverses the end of the street. Water flowing into that gutter proceeds by gravity to one…