Alvis v. County of Ventura, No. B212337

In plaintiffs' case against county alleging dangerous condition of public property, nuisance and inverse condemnation arising from a massive landslide after heavy rains in La Conchita in 2005, summary judgment on all causes of action except inverse condemnation in favor of county is affirmed where: 1) plaintiffs' expert's declaration contained statements that conflict with statements he made in a previous report on a material issue and because the conflict was unexplained, the declaration does not establish a triable issue of fact; and 2) the public entity approved a design that contemplated the possibility of a specific change of condition that occurred in this case, and thus, the public entity retains its immunity. 

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Filed October 20, 2009

Judges

Opinion by Judge Gilbert

Counsel

For Appellant:  Loeb & Loeb, Anthony Murray,  Michael Thurman, Sharon S. Mequet and Daniel J. Friedman

For Appellee:  Richards, Watson & Gershon, Robert C. Ceccon, Saskia T. Asamura, T. Peter Pierce and Michal F. Yoshiba