Cavanagh

Facts As a consequence of this extremely limited record, we can provide only a brief summary of the facts. The parties own neighboring properties in a somewhat rural area of Santa Barbara. In 2005, a drainage pipe owned by the City of Santa Barbara burst, causing damage to the hillside below both properties. The Najeras brought a property damage claim against the City and settled their claim for $225,000.2 Contractors and others hired by the Najeras entered Cavanagh's property where they dug some test holes, removed some vegetation and cut down at least one tree. Cavanagh complained that she had not been indemnified against potential claims arising out of the work. She also complained that the Najeras' horses and their dog trespassed on her property. The Najeras completed repairs only to their own property. The Najeras' cross-complaint alleges causes of action for negligence, intentional tort, trespass, private nuisance and lateral and subjacent support based on the

2 Cavanagh originally alleged that the Najeras promised to use the money to repair the damage to both properties and then breached that promise. The trial court sustained respondents' demurrer to…