Motion for Summary Judgment and/or Adjudication
The unopposed Motion for Summary Judgment brought by Defendant the City of Orange (“the City”) is GRANTED.
The undisputed facts demonstrate Plaintiffs were injured on a Class 1 Bikeway that constitutes a “trail” for purposes of Government Code §831.4(b). (See SSUF Nos. 4, 5 and 8; See also Farnham v. City of Los Angeles (1998) 68 Cal.App.4th 1097, 1103; and Streets and Highways Code §890.4(a)). Additionally, the undisputed facts demonstrate the bikeway was designed and used for recreational purposes, such that “trail immunity” applies. (See SSUF Nos. 5 and 8; see also Government Code §831.4(b); Amberger-Warren v. City of Piedmont (2006) 143 Cal.App.4th 1074, 1079).
Based on the above, the City is absolutely immune from injuries caused by the condition of the trail, and summary judgment is granted. (Prokip v. City of Los Angeles (2007) 150 Cal.App.4th 1332, 1337 and Government Code §831.4(b)).
Defendant is ordered to give notice.
Hearing Date
June 07, 2021
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Motion for Summary Judgment and/or Adjudication
The unopposed Motion for Summary Judgment brought by Defendant the City of Orange (“the City”) is GRANTED.
The undisputed facts demonstrate Plaintiffs were injured on a Class 1 Bikeway that constitutes a “trail” for purposes of Government Code §831.4(b). (See SSUF Nos. 4, 5 and 8; See also Farnham v. City of Los Angeles (1998) 68 Cal.App.4th 1097, 1103; and Streets and Highways Code §890.4(a)). Additionally, the undisputed facts demonstrate the bikeway was designed and used for recreational purposes, such that “trail immunity” applies. (See SSUF Nos. 5 and 8; see also Government Code §831.4(b); Amberger-Warren v. City of Piedmont (2006) 143 Cal.App.4th 1074, 1079).
Based on the above, the City is absolutely immune from injuries caused by the condition of the trail, and summary judgment is granted. (Prokip v. City of Los Angeles (2007) 150 Cal.App.4th 1332, 1337 and Government Code §831.4(b)).
Defendant is ordered to give notice.