A Fullerton family has entered into a civil lawsuit with the Union Pacific Railroad Company, alleging negligence on an out-of-service railroad near their home, citing negligence, nuisance and public nuisance as complaints for damages.

The plaintiffs, Damon and Kathleen Micalizzi, are bringing this case against the Union Pacific Railroad Company, Union Pacific and the Burlington Northern Santa Fe Railway.

The Union Pacific Railroad Company and other defendants involved in the case have denied all of the Micalizzis’ allegations.

Court documents state Union Pacific Railroad “turned some of its business” to the Burlington Northern Santa Fe Railway over ten years ago.

While the tracks have been out-of-service for years, the railroad is not abandoned as Union Pacific Railroad maintains ownership of the land.

The railroad track is located between a commercial area on Imperial Highway and a residential area, the tracks themselves are elevated and at level with the wall between the tracks and residential properties.

In 2024, the Micalizzis’ house was broken into by an individual who gained access from the adjacent railroad. The cost of damages and stolen property incurred during the burglary exceeded $50,000.

Aside from the burglary, Damon Micalizzi spoke about a number of encounters with individuals on the tracks, including an instance in which an individual began residing in their backyard after the family had left the house during home renovations.

Alongside interactions between the homeowners and individuals on the tracks, the Micalizzis are including Union Pacific’s alleged mismanagement of the property, specifically referring to overgrown vegetation on the railroad, in their complaint of damages.

The complaint for damages specifies instances of mismanagement, which include unpatched holes in the fence bordering the railroad, individuals hiding in vegetation and individuals residing in or committing sexual acts in said vegetation.

“We do have the railroad’s attention now, and I’m optimistic that we may be able to work out some not just compensations for damages, which is generally a component of all lawsuits, but maybe some efforts by the railroad to clean up things,” said Plaintiff Attorney Lisa Mitts Patrick.

Damon Micalizzi detailed an instance in which an encampment along the railroad caused nearby palm trees to catch on fire, leading to firefighters using his roof as a ledge from which they fought the fire.

“So we had to get the roof fixed and we had some smoke damage and stuff like that. So we called the railroad then and we filed a claim and submitted it and didn’t hear anything,” Damon Micalizzi said. “And, you know, we have homeowners insurance, so they took care of us in that instance. But it’s more of the unknown of what’s going on just on the other side of your property.”

In the defendants’ response to the complaint, they alleged that no plaintiff had been injured or damaged by any of their actions or omissions, and that any existing damages were not caused in proximity to any defendant’s actions.

Furthermore, defendants claimed that all plaintiff claims were “barred on the grounds that Defendants acted in good faith, for legitimate business reasons, with sound business judgement, and in compliance with all federal, state and local laws,” according to defendants’ response to the complaint. 

In the event that plaintiffs did suffer any harm, the public benefit created by their services outweighs such harm.

“Union Pacific is committed to working responsibly in the communities we serve and to putting safety at the forefront. We are reviewing the lawsuit and will respond accordingly,” wrote Union Pacific Railroad Company in a statement to the Daily Titan.

Throughout this process, Damon Micalizzi says that he has maintained contact with both the city council and local law enforcement.

“There’s a massive privacy issue, there are safety issues involved and so what they’ve asked, the homeowners, they’ve asked the city to go and enforce any kind of public safety mechanisms,” said Fullerton Mayor Fred Jung. “But again, for us, it’s call and response. They call, we respond.”

In past years, Fullerton has discussed making the out-of-service line into a hiking trail. Parts of the railroad have been converted into the Union Pacific Park trail, but the city is still working to attain more access to the land.

The civil suit is unlimited, meaning that the plaintiffs can seek over $35,000 over the course of the case.

The suit is now in its discovery phase and a jury trial is scheduled for July 19, 2027.