Caltrans, apparently cannot "Abate" stop State Highway 1 from flooding? Second Appellate Court--May 6, 2010 Oral Arguments Bookout V, State Of California
"Due to past litigation, the Department is no longer responsible or allowed
to maintain the channel located off of the Caltrans right of way. If you
would like further information about the drainage situation and the
maintenance effort at this location, which has a history beyond what can
be detailed in an e-mail, please let me know so that I can arrange a
meeting with Department staff familiar with the drainage challenges and
restrictions at this site."
Respectfully,
Pete Riegelhuth
D-5 NPDES Coordinator
Office 805-549-3375
Cell 805-305-7726"
As stated by Judge Tangeman:
The Court will acknowledge that I did not address all of the issues in the supplemental briefs and the reason for that was simply this: 631.8 is directed towards the issue as to weather there is a basis for dismissal on any several alternate grounds. Some of the issues I was not prepared to grant judgment on until I heard the defendants case. Some of the issues I was ready without the defendants case, those are the issues I address in the 631.8 ruling. So Im going to deny the motion for new trial. I will deny the motion for reconsideration.
The San Luis Superior Court had stated in their August 5, 2008 decision P. 2
This matter came for trial on July 9, 2008. Numerous witnesses testified and hundreds of exhibits were received in evidence. At the conclusion of Plaintiffs case, defendants, and each of them, made oral motions for judgment. After hearing arguments from counsel, the Court requested supplemental briefing on the statute of limitations, as well as Plaintiffs argument that Defendants had acquired certain property rights under the doctrine of prescriptive easements.
Written decision August 5, 2008? NOW, AFTER HAVING CONSIDERED ALL OF THE EVIDENCE SUBMITTED IN THIS MATTER IN PLAINTIFFS CASE-IN-CHIEF AND, IN ADDITION, THE SUPPLEMENTAL DECLARATION OF PLAINTIFF, THE LEGAL ARGUMENTS OF COUNSEL, AND THE PRE-TRIAL AND POST-TRIAL BRIEFS FILED BY THE PARTIES, THE COURT NOW RULES AS FOLLOWS. DEFENDANTS MOTIONS ARE GOVERNED BY CODE OF CIVIL PROCEDURE SECTION 631.8
Prejudicial Error by the San Luis Obispo Superior Court, resulting in a miscarriage of justice! The Trial Court would not comment or cite Arreola v. Monterey in their August 5, 2008 decision that now affects the Public Health and Safety of all San Luis Obispo County residents from State Highway 1 to the Pacific Ocean!
Arreola v. County of Monterey(2002) 99 Cal.App.4th 722. We conclude that in order to prove the type of governmental conduct that will support liability in inverse condemnation it is enough to show that the entity was aware of the risk posed by its public improvement and deliberately chose a course of action or inaction in the face of that known risk. Knowing that failure to properly maintain the Project channel posed a significant risk of flooding, Counties nevertheless permitted the channel to deteriorate over a long period of years by failing to take effective action to overcome the fiscal, regulatory, and environmental impediments to keeping the Project channel clear. This is sufficient evidence to support the trial courts finding of a deliberate and unreasonable plan of maintenance. State diversion or obstruction of surface water onto land not historically subject to flooding is not protected by reasonableness rule, but results in strict liability.
The California Second Appellate Court Justices--Steven Z. Perren Kenneth R. Yegan and Arthur Gilbert have Ruled the actions below are now Permanent and legal in California, per their Appellate Court Decision June 28, 2010! Each Justice is fully aware, that this flooding can be abated for only $43,295.00 Exhibit # 1790. They are aware of the OCSD daily use of this drainage system for well water discharge into the RR/POVE pond--mentiond on P. 2 and P. 6-Video P. 8 of their Appellate Court decision! They are aware of documents withheld by the County Of San Luis Obispo P. 6 and P. 7! (Prejudicial Error)
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