(2) Defendant’s Motion to Compel Greg Nester Construction and Development’s Compliance with Business Records Subpoena and for Attorney’s Fees
TENTATIVE RULING
Background.
Plaintiff Norgrove Gardens, LLC brings this action against Defendant, the California Department of Transportation. Plaintiff’s first amended complaint (FAC) alleges four causes of action for negligence/dangerous condition of public property under Government Code section 835, trespass, nuisance, and inverse condemnation.
Plaintiff alleges that it is the owner of real property (the Property) consisting of a one hundred and twenty-eight (128) acre parcel which sits adjacent to Highway 101 (the Highway), and which shares frontage with the Highway for approximately one-third (1/3) of a mile, with the Highway elevated above the Property. Defendant has a right-of-way between the Highway and the Property, which includes a curb that captures water runoff from the Highway and funnels it down a drain that is supposed to divert t
Hearing Date
March 16, 2021
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(2) Defendant’s Motion to Compel Greg Nester Construction and Development’s Compliance with Business Records Subpoena and for Attorney’s Fees
TENTATIVE RULING
Background.
Plaintiff Norgrove Gardens, LLC brings this action against Defendant, the California Department of Transportation. Plaintiff’s first amended complaint (FAC) alleges four causes of action for negligence/dangerous condition of public property under Government Code section 835, trespass, nuisance, and inverse condemnation.
Plaintiff alleges that it is the owner of real property (the Property) consisting of a one hundred and twenty-eight (128) acre parcel which sits adjacent to Highway 101 (the Highway), and which shares frontage with the Highway for approximately one-third (1/3) of a mile, with the Highway elevated above the Property. Defendant has a right-of-way between the Highway and the Property, which includes a curb that captures water runoff from the Highway and funnels it down a drain that is supposed to divert t