Jane Kappel and Bryan Kappel (the Plaintiffs) resided in Contra Costa County, California. They alleged that on or about July 26, 2018, and in the years prior, Central Contra Costa Sanitary District's (CCCSD) employees and agents, with CCCSD's consent, negligently and unreasonably managed the subject sewer lines. This management included owning, maintaining, operating, repairing, servicing, installing, controlling, improving, designing, constructing, and planning. As a result of negligence in maintenance, a massive backup of raw and untreated sewage at the Plaintiff's property causing damages and injuries to the Plaintiffs.
On or about July 26, 2018, the Plaintiffs notified CCCSD of the damage and requested abatement. However, Defendants failed and refused to abate the nuisance, acting willfully, oppressively, and maliciously with full knowledge of the damage caused to Plaintiffs.
On January 25, 2019, the Plaintiffs filed a Government Tort Claim against CCCSD under Government Code sections 910, 910.2, and 910.4. CCCSD rejected the claim on March 8, 2019.
On May 28, 2019, the Plaintiffs filed a damages, dangerous condition, public nuisance and inverse condemnation claim against the Defendants.
They alleged that CCCSD owed a duty to the Plaintiffs and the public to exercise reasonable care in managing the sewer lines. This included ownership, maintenance, operation, repair, servicing, installation, control, improvement, design, construction, and planning, and all associated ministerial acts.
The Plaintiffs alleged that CCCSD breached this duty by negligently and unreasonably failing to exercise reasonable care in managing the subject sewer lines. This breach resulted in damages to the Plaintiff's personal property and impaired Plaintiffs' health, causing serious illnesses and requiring medical treatment and hospitalization. It interfered with the Plaintiff's comfortable enjoyment of the property.
The sewer backup constituted a nuisance under California Civil Code section 3479, as it injured Plaintiffs' health and interfered with the enjoyment of their property.
