Summary Judgment Affirmed in Neighbor Dispute Over Surface Water Alleged to Cause Mold

SACRAMENTO, Calif. - An appeals court affirmed summary judgment in favor of the defendants in a neighbor dispute over the flow of surface waters from one property through a lower property that allegedly caused mold growth and health problems. Ralph Huls, et al., plaintiffs-appellants, v. Richard Thorpe, et al., defendants-respondents, No. C043073 (Calif. Ct. App., 3rd App. Dist., Sacramento).

According to a Dec. 4 opinion filed by California's Third Appellate District in Sacramento, without evidence of affirmative conduct on the part of the defendant homeowners in altering the flow of surface waters from their property to the plaintiffs' property, there …