Legal Opinion

Atchison, Topeka & Santa Fe Railway Co. v. Stockton Port District

California Court of Appeal

Decided February 8, 1983No. Civ. 21901PublishedCited by 17 opinions

1Opinion of the Court

Opinion

EVANS, Acting P. J.

Plaintiff appeals from an order of the superior court awarding attorney fees and expenses to defendant Stockton Port District (Port) pursuant to Code of Civil Procedure section 128.5. We reverse.

On June 26,1981, plaintiff filed a complaint for damages to real and personal property alleging causes of action for, inter alia, inverse condemnation, negligence, and trespass arising out of the failure of a levee in San Joaquin County and the subsequent flooding of plaintiffs property. The commencement of the action was preceded by the timely filing of claims against each…

2Cases cited4 opinions

  1. In Re Marriage of FlahertyCalifornia Supreme Court · 1982
  2. Addison v. State of CaliforniaCalifornia Supreme Court · 1978
  3. In Re Marriage of LemenCalifornia Court of Appeal · 1980
  4. Chase v. State of CaliforniaCalifornia Court of Appeal · 1977

3Cited by17 opinions

  1. Wilhelm v. Pray, Price, Williams & RussellCalifornia Court of Appeal · 1986
  2. Knight v. City of CapitolaCalifornia Court of Appeal · 1992
  3. Winick Corp. v. County Sanitation District No. 2California Court of Appeal · 1986
  4. Martell v. Antelope Valley Hospital Medical CenterCalifornia Court of Appeal · 1998
  5. Luke v. Baldwin-United Corp.California Court of Appeal · 1985

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