Ellena v. State of California

Opinion

TAMURA, J.

By a 1967 stipulated judgment in condemnation, the State of California acquired parcels of land across plaintiff’s property for the construction of a segment of a freeway. During a prolonged 1969 rainstorm, plaintiff’s property suffered considerable flood damage; the freeway fill acted as a dam and the accumulated surface waters discharged through the freeway drainage system outletting on plaintiff’s remaining property caused substantial erosion and channeling. Plaintiff1 brought the instant action for damages alleging two causes of action: The first charged that the flood…