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BOOKOUT v. STATE OF CALIFORNIA EX REL. DEPT. OF TRANSPORTATION

No. B214906.

186 Cal.App.4th 1478 (2010)

113 Cal. Rptr. 3d 356

WILLIAM BOOKOUT, Plaintiff and Appellant, v. STATE OF CALIFORNIA ex rel. DEPARTMENT OF TRANSPORTATION et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

As modified July 28, 2010.

Attorney(s) appearing for the Case

Belsher & Becker, Belsher, Becker & Roberts, John W. Belsher and Gregory A. Connell for Plaintiff and Appellant.

Ronald W. Beals, Chief Counsel, David Gossage, Deputy Chief Counsel, Lucille Baca, Assistant Chief Counsel, Wm. David Sullivan and Derek S. Van Hoften for Defendant and Respondent Department of Transportation.

Porter Scott, Terence J. Cassidy, Thomas L. Riordan and Michael William Pott for Defendant and Respondent County of San Luis Obispo.

Daner Law Firm and Adam M. Daner for Defendant and Respondent Oceano Community Services District.

Randolph Cregger & Chalfant and Thomas A. Cregger for Defendant and Respondent Union Pacific Railroad.

OPINION

GILBERT, P. J.

Plaintiff alleges damages because several defendants caused flooding on his property when it rained. We conclude, among other things, that the flooding allegedly caused by the public entities here does not constitute control or posession of the plaintiff's property. Therefore the three-year statute of llimitations applies.

We also conclude that the rules of causation are the same whether applied in inverse condemnation or tort...

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