Gonzalez

BACKGROUND

In 2004, Martinez and Gonzalez entered into a contract with the Carreras to purchase a lot and have a residence constructed at 3518 Virginia Avenue, Riverbank. Shortly after moving in, Martinez and Gonzalez discovered that the street and sidewalks in front of their house tended to flood when it rained. On April 14, 2006, a series of very intense rain cells moved through the Riverbank area. In a two-hour period starting at around noon, 2.19 inches of rain fell in Riverbank, with 1.57 inches falling between 1:00 and 2:00 p.m. Water began accumulating in the street in front of Martinez and Gonzalez’s house. Within a short time the water level was high enough that the driveway, garage and yard were flooded and water was entering the

3. house. The water inside the house reached a depth of between one and two inches and affected every room. Martinez attempted to reduce the flooding with sandbags. While carrying a sandbag, Martinez slipped on a wet floor. She suffered bruises from the fall but was completely healed in two weeks. Carpets, baseboards and drywall in the affected areas of the house had to be replaced. The cost of these repairs totaled $2,681. In October 2006,…