Insalaco v. Padilla CA1/2
The parties own property on a residential cul-de-sac in El Sobrante that has had a long history of soil movement and landslides. The Insalacos’ property at 71 Avenida Martinez was severely damaged in a landslide in 2017. Padilla’s property at 64 Avenida Martinez is across the street and uphill from the Insalacos’ property. The Insalacos sued a number of neighboring landowners, including Padilla, for various causes of action, including nuisance, trespass, and diversion of surface water.
Padilla’s Motion for Summary Judgment
On September 30, 2019, Padilla moved for summary judgment against the Insalacos on the grounds that his property was not the cause of the landslide on the Insalacos’ property. In support, Padilla relied on a declaration from Robert Holmer, a registered civil and geotechnical engineer.
Holmer inspected “the site” on June 7, 2018, and January 23, 2019.
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