Vinnicombe v. State of California

Appellants brought this action against the State of California to recover for consequential damage to their real property alleged to have resulted from the rerouting of a State highway. The trial court entered a summary judgment in favor of defendant on two grounds: 1. that plaintiffs had failed to furnish the undertaking required by Government Code, section 16047; 2. that the action was prematurely brought since the complaint was filed before the State Board of Control had rejected their claim presented pursuant to Government Code, section 16041. It is clear that if we determine that either…