State Ex Rel. Department of Transportation v. Superior Court

Opinion

ROUSE, J.

By this petition for writ of mandate and prohibition, the State of California (the State) seeks to compel respondent superior court to set aside its denial of petitioner’s demurrer, motion for partial summary judgment, motion to strike, and its order granting sanctions against petitioner.

On January 5, 1982, an artificially constructed landfill embankment supporting Highway 101 above Sausalito gave way and earth and debris slid down in the area known as Hurricane Gulch. The real parties in interest are five property owners whose homes were not hit by the mudslide, but who claim…