Ruiz v. County of San DiegoAnnotate this Case
Sonia and Hector Ruiz's (together Ruiz) home flooded because their privately owned underground storm drain pipe rusted out after 50 years of use. They sued the County of San Diego (County) for inverse condemnation, and after a bench trial the court entered judgment in their favor (essentially the cost of replacing their metal pipe (the Ruiz pipe)) with a reinforced concrete pipe. The primary issue on appeal was whether a privately owned storm drain pipe located on private property, for which a public entity had rejected an offer of dedication, nevertheless became a public improvement because "public water" drained through it. After review of the trial court record, the Court of Appeal agreed with the County that under settled law, the answer is no. The County also contended the trial court's alternative basis for imposing liability, that the County acted unreasonably in discharging water through a public drainage system that connects to the Ruiz pipe, also failed. "Even viewing the evidence most favorably to Ruiz, the evidence is insufficient to sustain the judgment on this theory." Accordingly, judgment was reversed with directions to enter judgment for the County.