Dina

Appellants Sharon D. Dina and David and Joann Whiteley appeal from a judgment entered in favor of the People of the State of California acting by and through the Department of Transportation (Department). Appellants brought separate complaints alleging inverse condemnation, nuisance, and negligence by reason of noise, vibrations, air pollution and property damage they claimed to have suffered as a result of the extension of the 1-210 Freeway adjacent to their residences. After the case had been pending for one and one-half years, the Department moved to dismiss pursuant to Code of Civil Procedure section 1260.040, which permits parties in an eminent domain proceeding to move for a ruling when “there is a dispute between plaintiff and defendant over an evidentiary or other legal issue affecting the determination of compensation . . . .” (Code Civ. Proc., § 1260.040, subd. (a).) 1 The trial court granted the motion on the grounds that appellants failed to demonstrate by a preponderance of the evidence that their properties suffered peculiar and substantial damage or that the freeway construction or operation was unreasonable. Appellants contend that section 1260.040 does…