Galli v. State of California

In Galli v. State of California (1979) 98 Cal. App. 3d 662, the local levee maintenance district was liable in tort and inverse condemnation for flood damage resulting from the failure of a levee. The plaintiffs argued that State should also be liable because it had substantially participated in the levee maintenance. The plaintiffs based their argument primarily upon the assertion that the levee was part of a comprehensive water resource development system under the general control of State and State knew that the levee had maintenance problems. ( Id. at p. 688.) The appellate court rejected the plaintiffs' argument on the ground, among others, that the levee in question was a nonproject levee. A nonproject levee was not required to be maintained to State or federal standards and was not inspected by State, and, consequently, was not under the general control of State as far as its maintenance was concerned. For that reason, State's knowledge of the maintenance problems was not enough to establish substantial participation. ( Id. at pp. 681, 688.)