Shehyn v. Ventura County Public Works Agency

Filed 2/20/25

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

STEVE SHEHYN, 2d Civil No. B337452 (Super. Ct. No. 56-2023- Plaintiff and Appellant, 00575016-CU-EI-VTA) (Ventura County) v.

VENTURA COUNTY PUBLIC WORKS AGENCY et al.,

Defendants and Respondents.

Steve Shehyn appeals from the judgment dismissing his second amended complaint, with prejudice, following the trial court’s sustaining the demurrer of defendants Ventura County Public Works Agency and Ventura County Waterworks District No. 1 (collectively, District) without leave to amend. Appellant’s cause of action for inverse condemnation was the only claim pending before the court at the time of judgment. Appellant alleged sediment from the District’s water delivery system permanently damaged the pipes used to irrigate

his commercial avocado orchard. The trial court found appellant failed to state a cause of action for inverse condemnation because he “invited” District water onto his property. We conclude appellant sufficiently pleaded his claim. We will reverse the judgment and remand with instructions to enter a new order overruling the demurrer. FACTUAL AND PROCEDURAL HISTORY As we explain below, our review is de novo, and we treat the demurrer as admitting all material facts properly pleaded. Accordingly, we draw our factual summary from the pleadings. Allegations Appellant owns a 20-acre orchard in Moorpark with approximately 2000 mature avocado trees. The District is a publicly-owned utility that provides water to appellant and other property owners in Ventura County. Appellant’s property is at the end of a branch line in the District’s system. The amount of sediment in his water “is vastly and grossly disproportionately greater than other properties” served by the District. The excess sediment damaged his irrigation pipes and orchard. He alleges this is “a direct and necessary result of the plan, design, maintenance and operation of the [District’s] water supply facilities.” The District Demurrers; Appellant Seeks Writ Relief Appellant’s first amended complaint included causes of action for breach of contract, negligence, and inverse condemnation. The District demurred to all three. The trial court sustained the demurrer with leave to amend as to the breach of contract and negligence claims but sustained it without leave as to the inverse condemnation claim. Citing Williams v. Moulton Niguel Water Dist. (2018) 22 Cal.App.5th 1198