TILTON v. RECLAMATION DISTRICT NO. 800
Filed 8/15/06; pub. order 9/1/06 (see end of opn.)
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
| WES TILTON, as Cotrustee, etc., et al., Plaintiffs and Appellants, v. RECLAMATION DISTRICT NO. 800, Defendant and Respondent. | A112185 (Contra Costa County Super. Ct. No. C0402043) |
I. INTRODUCTION
Appellants[1], the owners of two parcels of property in Contra Costa County's Discovery Bay community, filed suit against the respondent District, which had previously repaired a levee on the properties. Via two separate orders, one relating to appellants' initial complaint, and the second relating to its amended complaint, the superior court sustained demurrers to six of the seven causes of action alleged by appellants without leave to amend. It also sustained the District's demurrer to another cause of action alleged in appellants' amended complaint, albeit with leave to amend. Appellants opted not to amend their complaint, instead dismissing it with prejudice. Appellants appeal, contending the trial court was incorrect in the legal bases upon which it sustained, without leave to amend, the District's demurrers to its six causes of action. They also appeal from the trial court's order granting special demurrers and a motion to strike filed by the District. We shall affirm the judgment of dismissal.
II. FACTUAL AND PROCEDURAL BACKGROUND
As noted, appellants, as Trustees of the Tilton Family Trust, are the owners of two residences and parcels built on an â€
