Horvath

FACTS

In December of 2010 plaintiffs owned and lived in a house located at the end of a cul-de-sac at the bottom of Bell Canyon Drive in Dove Canyon, California. “Bell Canyon Drive slopes downhill for approximately one mile from its highest elevation down to the Property.” “Plaintiffs’ home is set back from Bell Canyon Drive and sits at a slightly higher elevation than the street.” “Bell Canyon Drive is an asphalt paved street, bordered on each side by cement curbs which guide drainage waters down the street. In addition to the curbs, Bell Canyon Drive’s manmade drainage system

1 Unattributed quotations in this statement of facts are taken from the parties’ respective separate statements of undisputed material facts submitted in connection with defendant’s motion for summary judgment.

2 includes numerous storm drains located at intermittent points on either side of the street, including . . . one located directly across the street from the Property.” Bell Canyon Drive is bordered on one side by hillsides that slope downward towards the street. There are concrete drainage ditches built along and down those upper hillsides, which ultimately empty into the Bell Canyon Drive storm…