Walker

INTRODUCTION

Ralph Walker appeals the trial court's dismissal of his first amended complaint

(complaint) against the Imperial Irrigation District (District) for inverse condemnation,

nuisance, dangerous condition of public property, and abatement of nuisance on the

ground he did not have standing to sue because he was not the owner of either of the

properties which were the subject of the complaint. He contends we must reverse the

judgment because the court improperly utilized the procedure in Code of Civil Procedure

section 1260.040 (section 1260.040) to resolve liability issues and the tort causes of

action. He additionally contends the court erroneously found he lacks sufficient rights in

the subject properties to have standing to sue. We are unpersuaded by these contentions

and affirm the judgment.

BACKGROUND1

Two separate properties in the city of Calipatria, one located at 685 E. Bonita (685

property) and one located at 686 E. Bonita (686 property), were flooded in 2012. The

685 property was owned by Walker's mother. She died in 1978. A year or two before his

mother's death, Walker moved onto the property. After his mother's death,…