Legal Question in Personal Injury in California
After a recent storm, I parked my car near a tree that had a branch that was broken. The city of Costa Mesa sent workers to cut the branch off the tree. It fell on my car causing $700 in damage. The city has denied my claim citing "Act of Nature" defense and referencing G.C. Sections 820.2 and 835. Am I out of luck?
3 Answers from Attorneys
Cities deny 100% of claims. Take them to small claims court within 6 months.
It is not an act of nature or act of God when someone cuts something down. Small claims is the only thing you can do. I would be they will pay you once you sue them in Small Claims. Most people don't so they save a lot of money by denying claims.
As an ex-attorney for the city of Oakland, I fully agree with the above responses. The branch breaking might be "an act of nature" but not the negligent cutting down of the tree s tha it fell on your car. Also, if the tree was between the curb and sidewalk, it likely was planted by the City and owned by them. They may try to blame the owner of the house adjacent to the tree as public entities allege they are responsible for trees located in these sidewalk strips, but the landowner did not cause the branch to fall on your car, there is no evidence it would have fallen absent the city cutting it, etc.
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