Weiss

*1161 Plaintiffs 1 sued defendants People ex rel. Department of Transportation (CalTrans), and Orange County Transportation Authority (OCTA; collectively, Agencies), for inverse condemnation and nuisance. The complaint alleged a freeway sound wall the Agencies built directly across the freeway from Plaintiffs' homes increased the noise and dust Plaintiffs experienced, interfered with Plaintiffs' enjoyment of their homes, and diminished their property values.

Shortly before trial, the Agencies moved to dismiss Plaintiffs' claims by filing a motion under *758 Code of Civil Procedure section 1260.040, which provides for pretrial resolution of "issue[s] affecting the determination of compensation" in eminent domain cases, not inverse condemnation actions. ( Id. , subd. (a).) The Agencies did not expressly raise any compensation issues, challenging instead their takings liability. On the inverse condemnation claim, the Agencies argued Plaintiffs could not establish the essential element that the sound wall imposed a direct, substantial, and peculiar burden on Plaintiffs' properties that was not shared in common with the other properties in Plaintiffs' neighborhood. The Agencies argued…