Suzanne Alves Secures Published California Court of Appeal Victory Establishing New California Property Law Precedent Under Civil Code Section 832

California Court of Appeal Affirms Trial Victory in Significant Published Property Law Decision

Alves Radcliffe LLP is proud to announce that partner Suzanne M. Alves successfully defended a favorable judgment before the California Court of Appeal, First Appellate District, resulting in a published California Court of Appeal opinion that establishes binding precedent interpreting Civil Code section 832 and California’s law governing lateral support between neighboring property owners. The Court certified its decision for publication on July 20, 2026, underscoring the legal significance of the issues decided.

The published decision, Quinn v. Coulton, addresses an important question of California real estate law and property litigation involving lateral support, retaining wall failure, and the scope of strict liability between neighboring property owners.

Clarifying California Law on Lateral Support and Strict Liability

The case arose after a historic atmospheric river storm caused the collapse of a decades-old retaining wall separating neighboring residential properties in San Francisco. The plaintiffs sought to expand California law by arguing that a neighboring downhill property owner could be held strictly liable for the loss of lateral support—even though the property owner had performed no excavation or affirmative act affecting the adjoining property.

Representing respondent Mary Coulton, Suzanne Alves defended the trial court’s judgment rejecting that novel legal theory.

The California Court of Appeal agreed.

In its published opinion, the Court carefully analyzed the history of Civil Code section 832 and explained that the statute does not create strict liability for every loss of lateral support. Instead, the Court concluded that section 832 codifies the law governing excavation activities and preserves liability where a landowner negligently performs excavation work affecting adjoining property. It does not impose strict liability on a neighboring property owner who has engaged in no excavation.

The Court traced the evolution of California’s common law, explaining that while the common law historically imposed strict liability on a landowner who excavated adjoining land, Civil Code section 832 was enacted to modify and relax that rule by allowing excavation when performed with ordinary care and subject to statutory requirements. The Court emphasized that section 832 did not expand strict liability beyond excavation cases.

Applying those principles, the Court held that because there was no allegation or evidence that Ms. Coulton conducted any excavation activity, the plaintiffs’ strict liability theory failed as a matter of law.

A Published Decision with Statewide Impact

Published opinions from the California Court of Appeal are relatively uncommon and become binding precedent on California trial courts.

Because the opinion was certified for publication, it now serves as binding authority throughout California and provides important guidance regarding:

• the proper interpretation of Civil Code section 832;
• the limits of strict liability in lateral support disputes;
• retaining wall and neighboring property litigation;
• when liability may arise from excavation activities; and
• the distinction between statutory duties and common-law negligence in California property disputes.

For property owners, developers, contractors, insurers, and litigators, the decision provides much-needed clarity regarding the circumstances under which neighboring landowners may be held responsible for damage arising from the loss of lateral support.

The opinion clarifies that California’s common law and Civil Code section 832 do not impose strict liability for loss of lateral support where a neighboring property owner has not engaged in excavation activities.

Experienced California Appellate and Business Litigation Attorneys

Suzanne Alves has more than 28 years of experience representing businesses, property owners, contractors, and individuals in California appellate litigation, business litigation, real estate disputes, construction litigation, and other complex civil matters.

Alves Radcliffe LLP represents clients throughout California, including the San Francisco Bay Area, East Bay, Silicon Valley, Sacramento, and surrounding communities. The firm’s attorneys regularly handle high-stakes trials and appeals involving business disputes, construction claims, commercial real estate litigation, and complex legal issues with statewide significance.

Westlaw citation: 2026 WL 2083795

Trial Court citation: San Francisco County Superior Court Case No. CGC-23-606844

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