Legal Question in Real Estate Law in California

Tree root damage to sidewalk

The sidewalk in front of our Sacramento California house was damaged by tree roots. The trees are owned by the City of Sacramento. The city required us to replace the sidewalk or they would and place a lien on the house.

I am now seeking payment from the city for the cost to replace the sidewalk in question. The city denied my claim relying on Sacto. City Ordinance 12.32.040, Owner's Duty to repair defective sidewalk, Calfi. Streets and Highway code section 5610 and Penal Code 647C.

Tree are owned by the city and we no control over them. If I did not replace sidewalk, the city would have and placed a lien. I replaced the sidewalk for over $1,000.00 less than the city's contractors would have. I don't feel the city can legislate their negligence to avoid paying for the sidewalk damage caused by city owned tree roots. I filed a Small Claims action, within the time allowed. How can I convince the judge to award damages?

Thank you.


Asked on 7/01/08, 5:49 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Tree root damage to sidewalk

Its a matter of interpretation of the statute. But, keep in mind the starting point for City or State liability is "sovereign immunity." The City or State is only liable if it waives its immunity.

Read more
Answered on 7/05/08, 3:41 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California