Zellers v. State of California

Plaintiff instituted this action against the above named defendants for injunctive relief and/or damages. On motion of defendants State of California and California Highway Commission the action was dismissed as to them and they are not involved in this appeal.

The complaint is based on the alleged tort of defendants Chowning and Oscar Oberg, Seth A. Oberg; Oscar Oberg and Seth A. Oberg, doing business as Oberg Bros. Construction Company (hereinafter referred to as defendants Oberg) in the placing of earth on plaintiff’s property outside of the area authorized in a written agreement between…