Case Law Update- City of Pasadena v. Superior Court (Mercury Casualty Company)

Real Property – City-owned tree that fell on a private residence during a windstorm, damaging the structure, was part of a work of public improvement such that the city could be held liable for inverse condemnation. City’s proof that it had pruned tree twice in seven years did not, for purposes of summary adjudication, establish that the city was not negligent and could not be held liable for nuisance, where city did not present evidence as to what kind of maintenance it was required to perform on the tree to prevent damage to the property. City of Pasadena v. Superior Court (Mercury Casualty Company) – filed August 14, 2014, Second District, Div. Three Cite as 2014 S.O.S. 3503