California Capital Insurance Co. v. Hayward Unified School District

Summary Judgment Granted on Behalf of Bay Area School District.

In this case alleging Inverse Condemnation under the California Constitution, the Jacobson team obtained summary judgment in June 2019 against the plaintiff insurance company.  The plaintiff insurer filed suit alleging that defendant school district allowed a portion of its property to be used as a homeless encampment.  Tall brush and weeds on District property were ignited on a windy day.  The fire spread to an adjoining apartment complex, causing $465,918.40 in property damage paid for by the plaintiff.  Plaintiff did not bring a claim for relief under the California Tort Claims Act, instead relying upon inverse condemnation.  The Jacobson team argued that Inverse Condemnation was not the proper remedy in this case and the Court agreed.  The case thereafter settled as plaintiff agreed to waive further proceedings in exchange for a waiver of costs.