Rancho Viejo v. TRES AMIGOS VIEJOS

Opinion

O’ROURKE, J.

Appellant Rancho Viejo, LLC, sued respondent Tres Amigos Viejos, LLC, for damages after water imported by respondent for irrigation flowed onto and damaged appellant’s adjoining property. The trial court granted summary judgment in favor of respondent on the ground appellant’s causes of action were barred by Civil Code section 3482.5, 1 which exempts prescribed agricultural activities from nuisance liability. Appellant contends (1) its causes of action for trespass and failure to contain irrigation water are not subject to section 3482.5’s exemption; (2) section 3482.5 was…