TENTATIVE RULING
Background.
On September 27, 2019, Barry V. Pickell and Melody Pickell (Plaintiffs) filed a verified complaint against Defendants the County of San Luis Obispo (the County), Triburcio Perez, and Martin D. Rovenstine aka Marty Rovenstine. Plaintiffs’ first amended complaint (FAC) alleges causes of action for (1) inverse condemnation, (2) dangerous condition of public property, (3) dangerous condition caused by negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and preliminary and permanent injunctions. Individual defendants Perez and Rovenstine are alleged to be employed with the County. (FAC, ¶¶ 3, 4.)
Plaintiffs’ lawsuit relates to their property located at 6295 Toro Creek Road in Atascadero (the Property). Plaintiffs allege that, since the time they purchased the Property in 1980 to September or October 2015, the County has had in place “a galvanized steel culvert approximately 12