Rose v. City of Coalinga

Opinion

BEST, Acting P. J.

Ruben J. Rose and his wife, Pauline V. Rose (appellants) appeal from a summary judgment entered in favor of the City of Coalinga (City) in this action for inverse condemnation filed as a result of the destruction of appellants’ building by the City following the Coalinga earthquake which occurred on May 2, 1983.

The central issues are: (1) May an action in inverse condemnation be maintained, or is appellants’ sole remedy in an action in tort? (2) If an action in inverse condemnation can be maintained, are there conflicting inferences that may be drawn by a trier of…