Montezuma Harbor, LLC v. Department of the United States Air Force

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 MONTEZUMA HARBOR, LLC, No. 2:19-cv-00831-JAM-KJN Plaintiff, v. ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANT’S

UNITED STATES OF AMERICA, MOTION FOR PARTIAL SUMMARY

JUDGMENT

Defendant. 13 I. FACTUAL ALLEGATIONS AND PROCEDURAL BACKGROUND1 This case involves property damage resulting from the October 2018, Branscombe fire. Compl. ¶ 2, ECF No. 1. The fire originated on the Department of United States Air Force’s (“USAF” or “Defendant”) Travis Air Force Base, on October 7, 2018. Id. ¶ 3. The fire moved off base, burning Montezuma Harbor LCC’s (“Plaintiff”) property at 3150 Grizzly Island Road in Suisan City, California. Id. ¶¶ 1-3; Def.’s Mot. for Summ. J. (“Mot.”) at 2, ECF No. 27. Plaintiff filed this action against the United States pursuant to the Federal Torts Claim Act for: (1) prima facie negligence under California Public Resource Code § 4435;

1 This motion was determined to be suitable…