Legal Opinion

Merced Irrigation District v. Superior Court of Merced County

California Court of Appeal

Decided January 24, 2017No. F072704PublishedCited by 31 opinions

1Opinion of the Court

Opinion

FRANSON, J.

Merced Irrigation District (MID) initiated this writ proceeding to challenge the trial court’s conclusion that MID was not a “municipal corporation” for purpose of Public Utilities Code section 10251. Under that provision, municipal corporations are authorized to recover all damages from any person who injures any facility or equipment of the municipal corporation through want of care. The specific measure of damages authorized is the cost of repair or replacement, which includes administrative and other overhead expenses that are difficult to collect in an ordinary…

2Cases cited32 opinions

  1. Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
  2. Bob Jones University v. United StatesSupreme Court of the United States · 1983
  3. Lungren v. DeukmejianCalifornia Supreme Court · 1988
  4. Miklosy v. Regents of the University of CaliforniaCalifornia Supreme Court · 2008
  5. Graham v. DaimlerChrysler Corp.California Supreme Court · 2005

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3Cited by31 opinions

  1. Gutierrez v. Carmax Auto Superstores Cal., California Court of Appeal, 5th District2018
  2. Superior Court of Fresno Cnty. v. Pub. Emp't Relations Bd., California Court of Appeal, 5th District2018
  3. Brown v. Superior Court of Fresno Cnty., California Court of Appeal, 5th District2018
  4. Arnaudo Bros., L.P. v. Agric. Labor Relations Bd., California Court of Appeal, 5th District2018
  5. Int'l Bhd. of Teamsters v. City of Monterey Park, California Court of Appeal, 5th District2019

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