Motion by Defendant City of Huntington Beach for Summary Judgment, or in the alternative, for Summary Adjudication of Issues:
Defendant City of Huntington Beach’s (City) motion for summary judgment/adjudication is DENIED.
There are triable issues of material fact as to the first cause of action for dangerous condition of public property brought under Government Code section 835, and the second cause of action for failure to warn of dangerous condition of public property brought under Government Code section 830.8.
Under both the first and second causes of action, plaintiff Eugene Decock (plaintiff) alleges the subject “dangerous condition” was caused in part by the “absence of ... adequate warning signs” at the subject crosswalk, which “created a ‘trap’ to pedestrians crossing Bushard St. at or near the intersection of Woodlawn Dr. with due care.” (Complaint at ¶¶ 21e, 31, 32.)
Contrary to City’s assertion that “[p]laintiff Eugene Decock contends ... the subject crosswalk was dangerous