HEARING ON DEMURRER TO Eminent Domain Complaint
FILED BY EAST BAY MUNICIPAL UTILITY DISTRICT
* TENTATIVE RULING: *
Plaintiffs filed this action against EBMUD, alleging damages resulting from a water main break near their residence in Orinda. EBMUD brings this demurrer, arguing that the third cause of
action (trespass) and the fifth cause of action (injunctive relief) fail to state facts sufficient to constitute causes of action. The demurrer is sustained without leave to amend as to the fifth cause of action, though without prejudice to its factual and remedial content. It is overruled as to the third cause of action.
Third Cause of Action: Trespass
EBMUD argues that it is immune from liability for common law trespass under the Government Claims Act (Government Code §§ 810 et seq.). The opposition fails to address the immunity argument at all and is entirely unhelpful. Accordingly, the Court has before it what is essentially an unopposed demurrer on this point.
EBMUD cites Odell
Hearing Date
August 21, 2020
For full print and download access, please subscribe at https://www.trellis.law/.
HEARING ON DEMURRER TO Eminent Domain Complaint
FILED BY EAST BAY MUNICIPAL UTILITY DISTRICT
* TENTATIVE RULING: *
Plaintiffs filed this action against EBMUD, alleging damages resulting from a water main break near their residence in Orinda. EBMUD brings this demurrer, arguing that the third cause of
action (trespass) and the fifth cause of action (injunctive relief) fail to state facts sufficient to constitute causes of action. The demurrer is sustained without leave to amend as to the fifth cause of action, though without prejudice to its factual and remedial content. It is overruled as to the third cause of action.
Third Cause of Action: Trespass
EBMUD argues that it is immune from liability for common law trespass under the Government Claims Act (Government Code §§ 810 et seq.). The opposition fails to address the immunity argument at all and is entirely unhelpful. Accordingly, the Court has before it what is essentially an unopposed demurrer on this point.
EBMUD cites Odell