Solis v. County of Contra Costa

SALSMAN, J.

Appellant Contra Costa County appeals from judgments in favor of respondents I. A. Solis and Vincente A. Movida based on claims for damages for the county’s negligent spraying of weed killer onto their tomato crops.

Appellant’s contentions on appeal are: 1) that respondents’ claims were not timely filed; 2) that the trial court erred in vacating its findings of fact and conclusions of law and substituting new findings and conclusions, and 3) that the trial court did not use the proper measure of damages in measuring respondents’ loss. None of these contentions, to the extent that it is supported by the record, compels reversal of the judgment, and we therefore affirm.

In 1956 Movida and Solis were lessees of separate but adjoining parcels of land in Contra Costa County used to grow tomatoes. Movida’s parcel was about three acres, and Solis ’ parcel about two and one-half acres.

In June 1956 county employees sprayed Pine Creek, immediately adjacent to respondents’ tomato patches, with weed killer. Some of the chemical spray was blown over the tomato plants and settled upon them. Both tomato crops were damaged.

On September 6, 1956, respondents filed claims for damages with the county. They were rejected. Suit was filed. Trial took place before the court in November 1961. The court denied recovery on all theories of liability such as dangerous and defective condition of land, nuisance, trespass and inverse condemnation, but on the issue of negligence the court sus

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pended judgment in accordance with section 22.3 of the Civil Code.

On September 14, 1962, the court filed findings of fact and conclusions of law, finding among other things that the incident complained of by respondents was known to them on June 6, 1956. No objection was made to these findings.

The trial court conducted further hearings in 1965 and on February 7, 1966, filed a memorandum decision reaffirming the findings and conclusions filed September 14, 1962, with the important exception that the date of damage to respondents’ crops was found to be June 11, 1956, rather than June 6, 1956, as previously found. The court then assessed Movida’s damages at $7,000 and Solis’ at $4,000 and signed a judgment on March 14,1966.