Otis Felder (Partner-Los Angeles | San Diego) and Valeria Granata (Of Counsel-Los Angeles) defended a golf course management company against allegations it was negligent as well as strictly liable for trespass and nuisance in allowing water, silt and soil to cause a flood on the plaintiffs’ property. The state court granted the plaintiffs trial preference based on their advanced age but sustained a demurrer on the basis that they failed to make a proper showing of a "taking" required as part of an elder abuse claim that would have entitled them to recovery of attorney fees. While the San Diego Superior Court found that the plaintiffs were correct that the right to use their property is contained in the "bundle" of property rights that can be taken, they did not allege the existence of a taking. The court also struck allegations against the property owner as to the same causes of action and found that they had improperly tried to add them as defendants without seeking leave to amend. Upon the court finding plaintiffs could not recover attorney fees under the elder abuse statute, the case was resolved.