City of Oroville v. Superior Court A3
Blockage in a city sewer main resulted in raw sewage backing up into a dental office building owned by three dentists doing business as WGS Dental Complex (WGS). An inverse condemnation action (Cal. Const., art. I, § 19) against City of Oroville was filed by Timothy G. Wall, D.D.S., Sims W. Lowry, D.M.D., and William A. Gilbert, D.D.S., individually and doing business as WGS (real parties in interest), and by intervener The Dentist Insurance Company (TDIC). On the bifurcated issue of liability (Code Civ. Proc., § 1260.040, hereafter § 1260.040), the trial court found City liable despite its claim that the sole reason the sewage entered the building was WGS’s failure to install on its property a backwater valve mandated by city ordinance adopting the Uniform Plumbing Code.
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