Weiss v. P. ex rel. Dept. of Transportation

Summary

The California Supreme Court held that the special pretrial motion authorized by section 1260.040 for eminent domain actions cannot be imported into inverse condemnation proceedings to obtain a dispositive ruling on liability. Because ordinary civil procedures, including summary adjudication and a bench trial when factual disputes require it, were available, the trial court erred by entering judgment on the Agencies' nonstatutory motion. The court affirmed the Court of Appeal's judgment reversing the trial court. No separate opinions were filed.