From 2005 to 2006, plaintiff Elizabeth Tholberg lived on Friar Street, in the vicinity of the Los Angeles County Metropolitan Transit Authority’s construction project for a new bus line in Woodland Hills. As her backyard was adjacent to the construction site, she claimed that earth movement from the project caused property damage to her swimming pool and outdoor concrete deck. Tholberg, as well as two neighbors, Jack and Vicki Michaelson, sued the transit authority. They alleged that the defendant’s negligence caused damage to their respective property. The Michaelson plaintiffs ultimately dismissed their complaint. Tholberg originally filed a complaint with the county of Los Angeles about the property damage, but it was denied. Thus, the matter proceeded with Tholberg’s superior court claim against the transit authority only. Tholberg claimed that earth movement from drilling and other construction work on the project caused cracks to her swimming pool and concrete deck, causing leaks from the pool on top of the damage to her property. In addition, she claimed that the foundation of her house was moved as a result of the construction project. The transit authority claimed that it was not liable for any alleged property damage. It contended that Tholberg’s property damage was caused normal earth movement and soil expansion, and not any negligence on its part., Tholberg sought reimbursement for her property damage, including the cost of repairs to her swimming pool and concrete deck. She also sought recovery of damages as a result of the movement of the foundation of her house.