Ranch Free of Blame in Landslide, Judge Rules

A Superior Court judge tentatively ruled Friday that a farming operation was not at fault for a March 1995 landslide that dumped 600,000 tons of mud and rock on the seaside community of La Conchita.

Ending a trial launched Nov. 17, Judge Henry J. Walsh ruled that irrigation of La Conchita Ranch Co.’s avocado and citrus orchard did not cause the mudslide that destroyed nine homes, damaged dozens of others and forced the evacuation of about two-thirds of the town.

A lawsuit filed on behalf of 146 residents sought $24 million in damages. The judge’s ruling is expected to become final in coming weeks, subject to a response by attorneys for the residents.

“This is fantastic news,” said Los Angeles attorney Frank T. Sabaitis, who represented La Conchita Ranch Co.

“The fact of the matter is, we knew this and we knew it was the truth, and scientific evidence confirmed it,” Sabaitis said. “We’re very pleased that Judge Walsh gave both sides a fair trial in this matter, listened to the evidence and rendered a correct decision.”

Attorneys for La Conchita residents could not be reached for comment.

Walsh’s ruling effectively ends a contentious legal battle brought by the residents after a slab of mountain the size of four football fields broke loose and smashed into their Vista del Rincon neighborhood.

In an instant, much of the town was covered in a brown slick of mud and rock, the event recorded live by film crews and indelibly stamped into the memories of residents. No one was injured in the slide.

Although nearly four years have passed, the community is still posted with landslide hazard warnings, and mounds of earth are still piled high in people’s backyards.

Residents sued the ranch in July 1997, one month after a first lawsuit involving 112 residents was settled by the ranch for an undisclosed amount.

In the second lawsuit, attorneys for the residents blamed the ranch’s farming practices for the slide. But attorneys for the ranch denied those allegations, saying the slide was a natural disaster--unfortunate, but no one’s fault.

During the trial, Walsh listened to dueling testimony from scientists and experts.

A geology professor from San Diego State University, testifying on behalf of the plaintiffs, told Walsh that the heavy rains that swept over Southern California in the winter of 1994-95 were not enough to trigger the landslide. Professor David Huntley testified that irrigation by the ranch operation filled the underground water basin in the years preceding the collapse of a supersaturated slope.

However, UC Davis agricultural engineer Mark E. Grismer countered that irrigation could not have caused the slide, saying the ranch carefully managed its orchards to prevent water from penetrating deep into the mountain where the landslide occurred.

Walsh listened to six weeks of testimony before ruling.

“The decision in this matter is one of deciding on balance whose presentation has the greater logic and convincing force,” Walsh said. “Having listened to the testimony and evidence from both sides, the court now concludes that the defense testimony and evidence has the greater convincing force.”

Sabaitis said he was pleased that Walsh was able to consider the scientific testimony and see that the landslide was part of a natural geologic progression that had long plagued the area and the rest of the California coast.

“The ranch feels absolutely vindicated,” he said. “There’s just a sense of euphoria. This is what we hoped and dreamed about for the last 3 1/2 years.”