Court Reporters Transcripts showing Caltrans intentionally shoveling debris into this drainage channel... November 26, 2008 photos of Caltrans actions after trial.

The San Luis Obispo Superior Court has ruled that Caltrans shoveling contaminated storm water debris into a community's storm water drainage system leading to the Pacific Ocean that causes flooding of a State Highway and local business is not Inverse Condemnation!

Superior Court Judge Teresa Estrada-Mullaney in her February 2, 2009 Judgment Decision "Notice of Judgment" States: "Judge Tangeman determined the flooding problem was "static" for several years prior to Plaintiff's purchase of his property. Plaintiff contends the flooding is continuous and can be abated. Plaintiff argues Defendants negligent maintenance of the drainage system increases the frequency and severity of the flooding. That is inconsistent with Judge Tangeman's determination that the primary culprit was POVE's improvements, rather than negligent maintenance of the drainage system. There was no showing that Union's operation of Well No. 8 contributed to the blockage. There was no showing of the County's responsibility for maintaining the drainage channel. There was no evidence that any accumulated debris in State's right of way contributed to the problems in the operation of the drainage system. County, State, Union or OCSD could not have abated the nuisance by undertaking any maintenance"


Caltrans stated at trial regarding their drainage maintenance in Oceano
Question: “Is this anything related to the buildup of sediment at the mouth of the drainage channel?”
Answer: “Well it’s more grass. Well, yeah, sediment and grass.”
Question: “And where’s this material removed to when you engaged in this particular activity?”
Answer: “Based on the mud behind me at the base of the tree, I would say we were throwing it up the bank.”
Question: “So you are keeping it in the four feet that you consider to be caltrans right-of-way?”
Answer: “Yes.”
Question: “And how often have you and your staff engaged in this particular activity?”
Answer: “How often does it rain down there?”
Question: “Is it fairly often?”
Answer: “Yes.”
Question: “Based on rain fall?”
Answer: “Yes, just about every time it rains.”
Court Reporters Transcripts showing Caltrans intentionally shoveling debris into this drainage channel...

The San Luis Superior Court stated regarding OCSD: “In the case of OCSD, the evidence largely consisted of the construction of the drainage
outfall from Well No. 8 in the vicinity of the culvert. While there was evidence of substantial amounts of water being discharged from well # 8, there was an absence of evidence that such discharges occurred contemporaneously with heavy rains and flooding problems.

It’s now time for our California residents to start asking Question or we can say, Aloha to our California Constitution, Public Safety and Our Pacific Ocean!
http://www.oceanonurseryflooding.blogspot.com/
How does this impact our Pacific Ocean in California? OCSD Well #8 Daily Discharge
June 9 and Sept. 14, 2009 Why Would A California Superior Court State regarding the
continued flooding of one of our State Highways
“County, State, Union or OCSD could not have abated the nuisance by undertaking any maintenance”

Senator Abel Maldonado has stated:
“I hope that you Continue to seek legal
Counsel and that this very difficult situation
will be resolved soon.”

Governor Arnold Schwarzenegger has stated:
”We do encourage you to continue to work
with Caltrans to try and reach a resolution
to this matter.”

It is now time for public safety to bring this
potentially dangerous situation to our National
News Medias attention!

San Luis Obispo County Residents, Fish and Game, California Coastal Commission, Sierra Club, Surfrider Foundation, California Regional Water Quality Control Board should know of the 250 Plus documents/Exhibit # 579 withheld by the County of San Luis Obispo from Discovery showing the drainage changes from State
Highway 1 to the Pacific Ocean. Some of the photos with statements stating “Pipeline in rail road culvert obstructing flow (Culvert Abuse) 13th Street & Highway 1
Mr. Bookout”--”Cal Trans Cleaning out downstream channel at Highway 1 & 13th Street Summer 2002” and “Cal Trans raising Highway 1 at 13th Street (summer
2002) Contributing to elevated flooding (inability for water to cross roadway) on northeast side of Highway 1 (at Oceano Nursery)” should have been provided in
discovery and admitted into evidence as this affects the whole community of Oceano and its residents from the flooding of State Highway 1 to our Pacific Ocean!

The San Luis Obispo Superior Court Stated at Trial Regarding part of Exhibit # 579 withheld from discovery as presented by Union Pacific
Railroad “And for the purpose of the exhibits we don’t need the photographs.” The Court then Stated: “All Right.”

Is it legal for a Superior Court to allow to permit only partial evidence into trial when presented?