MARMENT v. CASTLEWOOD COUNTRY CLUB

Docket No. 29290.

30 Cal.App.3d 483 (1973)

105 Cal. Rptr. 853

GEORGE MARMENT et al., Plaintiffs and Appellants, v. CASTLEWOOD COUNTRY CLUB et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

February 9, 1973.


Attorney(s) appearing for the Case

COUNSEL

Ahern, Mooney & Moore and William H. Ahern for Plaintiffs and Appellants.

Burnhill, Rode, Moffitt & Moore, Clifford Burnhill and Cyril Viadro for Defendants and Respondents.


OPINION

DRAPER, P.J.

This appeal concerns the liability of an upper owner to lower owners for damages allegedly resulting from diversion of surface waters. In November 1966, defendants installed a drainage system which picked up both surface and sub-surface water, and deposited it at the edge of plaintiffs' property. Shortly thereafter, land of plaintiffs began to slip, the movement ultimately resulting in substantial, if not total...

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