Sierra Palms Homeowners Ass'n v. Metro Gold Line Foothill Extension Constr. Auth.

*1129 Sierra Palms Homeowners Association sued Metro Gold Line Foothill Extension Construction Authority (Metro) and Foothill Transit Constructors for inverse condemnation and other torts arising from the construction and maintenance of part of the Metro Gold Line railway that runs adjacent to the condominium complex Sierra Palms manages. The trial court sustained Metro's and Foothill Transit's demurrers to Sierra Palms's inverse condemnation claim in the second amended complaint without leave to amend, finding Sierra Palms lacked standing to bring that claim. The court also granted Metro's and Foothill Transit's motions to strike the remainder of the second amended complaint on the ground Sierra Palms had failed to comply with a stipulated court order granting it leave to file the amended complaint. On appeal from the judgment in favor of Metro and Foothill Transit, Sierra Palms challenges only the order denying it leave to amend its second amended complaint.

We reverse the judgment as to Metro. Despite its failure to do so below, Sierra Palms has demonstrated on appeal that it can amend its complaint to *1130 allege facts sufficient to support standing for an inverse…