Sprecher v. Adamson Companies

636 P.2d 1121 (1981)

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Nature of the Case

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Facts

D owns a 90-acre parcel of land in Malibu, California. Across Malibu Road and opposite the parcel are a number of beachfront homes, including the home of P. The parcel contains part of an active landslide which extends seaward from the parcel for some 1,700 feet along Malibu Road and beyond the boundaries of P's property. The Sprecher property is situated within the toe of this slide. The landslide has been evident since the area was first developed in the early 1900's. It exhibits periodic cycles of activity and dormancy. The slide is a natural condition of the land which has not been affected by any of D's activities on the 90-acre parcel. Heavy spring rains triggered a major movement. P's home rotated and pressed against the home of his neighbor, Gwendolyn Sexton. Sexton filed an action against P, seeking to enjoin the encroachment of his home upon hers. P cross-complained against Sexton, the County of Los Angeles and D. P alleged that his damages resulted from D's negligent failure to correct or to control the landslide condition. D argued that a possessor of land has no duty to remedy a natural condition of the land in order to prevent harm to property outside his premises. The court ruled in D's favor, and P appealed.