Tilton

Tilton v. Reclamation District No. 800

Good Law
142 Cal. App. 4th 848·2006 Cal. App. LEXIS 1349·2006 Daily Journal DAR 11985·48 Cal. Rptr. 3d 366·36 Envtl. L. Rep. (Envtl. Law Inst.) 20179
Court of Appeal of CaliforniaAugust 15, 2006A112185California6,711 words

Opinion

Opinion

Haerle, J.

L INTRODUCTION

Appellants, the owners of two parcels of property in Contra Costa County’s Discovery Bay community, filed suit against the respondent Reclamation District No. 800 (District), which had previously repaired a levee on the properties. Via two separate orders, one relating to appellants’ initial complaint, and the second relating to its amended complaint, the superior court sustained demurrers to six of the seven causes of action alleged by appellants without leave to amend. It also sustained the District’s demurrer to another cause of action alleged in appellants’ amended complaint, albeit with leave to amend. Appellants opted not to amend their complaint, instead dismissing it with prejudice. Appellants appeal, contending the trial court was incorrect in the legal bases upon which it sustained, without leave to amend, the District’s demurrers to its six causes of action. They also appeal from the trial court’s order granting special demurrers and a motion to strike filed by the District. We shall affirm the judgment of dismissal.

II. FACTUAL AND PROCEDURAL BACKGROUND

As noted, appellants, as trustees of the Tilton Family Trust, are the owners of two…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.