Archer

This is an appeal by plaintiffs from a judgment in favor of defendant Los Angeles County Flood Control District, entered after the demurrer of respondent district to the first, fourth and fifth causes of action of plaintiffs’ second amended complaint was sustained by the court below without leave to amend.

Plaintiffs undertake to state causes of action based upon damages to their real property resulting from the negligent building, construction and operation of an artificial drainage system over the drainage area commonly known as La Ballona Creek, near Venice, in Los Angeles County; alleging that by means of said drainage system the surface waters falling and collecting upon the said drainage area have been diverted from their natural flow and collected into large underground conduits and underground laterals to said conduits, said water being thereby prevented from spreading out over the strip of land referred to as La Ballona Creek, as said waters theretofore had, and that as a result thereof said surface waters are no longer permitted to find their way slowly to the Pacific Ocean, as they theretofore had, before the construction by respondent of the drainage system. The first…