Judge Recuses Herself From Landslide Case

In a move that surprised attorneys on the case, Superior Court Judge Barbara A. Lane has disqualified herself from the lawsuit filed by La Conchita property owners whose homes were destroyed by a landslide two years ago.

Lane would not comment Monday on the reason for her recusal.

“I really can’t go into it,” she said, explaining that she was barred from commenting on a pending case. “Hopefully it will be a smooth transition.”

The lawsuit, which involves 112 plaintiffs, was split into two phases last year. It will now be handled by Superior Court Judge William L. Peck.

“It was very sudden, very unexpected,” said Los Angeles-based attorney Frank T. Sabaitis, who is representing La Conchita Ranch Co., the farm that owns the land above the seaside community.

The lawsuit filed by 53 property owners alleges that La Conchita Ranch Co.’s irrigation for avocado and citrus trees above the town weakened the hillside and led to the first mudslide on March 4, 1995.

Further slippage of the hillside has caused additional damage and lowered property values, homeowners say. They are seeking unspecified damages.

The lawsuit, filed in July 1995, was scheduled for trial in January but has been trailing behind other cases in Lane’s courtroom.

The change in judges comes on the heels of a recent plaintiffs’ motion requesting that the case be pushed to the top of the list of civil cases.

San Diego-based attorney John F. “Mickey” McGuire said there are some good reasons why the case should be heard quickly, but the health and age of some property owners, including two over 90, is the most pressing.

“That’s one strong reason why we hope the court will say this is an extraordinary case,” McGuire said.

Although the change in judges has resulted in a one-week delay of a hearing on his motion, McGuire said he does not expect it to have a serious impact on the timing of the trial.