The City of San Diego's Demurrer is SUSTAINED without leave to amend.
To plead a dangerous condition, plaintiff must plead the following: (1) a dangerous condition existed on the public property at the time of the injury; (2) the condition of the public property proximately caused the injury; (3) the condition of the public property created a reasonably foreseeable risk of the kind of injury sustained; and (4) the public entity had notice of the dangerous condition in sufficient time to take measures to protect against it. Cal. Gov . Code 835; Brenner v. City of El Cajon, 113 Cal.App.4th 434,439 (2003).
Plaintiff has not alleged a dangerous condition on the property itself. The existence of a dangerous condition is ordinarily a question of fact; however, it can be decided as a matter of law if reasonable minds can come to only one conclusion concerning the issue. City of San Diego v. Superior Court, 137 Cal. App. 4th 21, 28 (2006)
There is nothing within Government Code section 835
Hearing Date
September 16, 2020
Category
Civil - Unlimited
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The City of San Diego's Demurrer is SUSTAINED without leave to amend.
To plead a dangerous condition, plaintiff must plead the following: (1) a dangerous condition existed on the public property at the time of the injury; (2) the condition of the public property proximately caused the injury; (3) the condition of the public property created a reasonably foreseeable risk of the kind of injury sustained; and (4) the public entity had notice of the dangerous condition in sufficient time to take measures to protect against it. Cal. Gov . Code 835; Brenner v. City of El Cajon, 113 Cal.App.4th 434,439 (2003).
Plaintiff has not alleged a dangerous condition on the property itself. The existence of a dangerous condition is ordinarily a question of fact; however, it can be decided as a matter of law if reasonable minds can come to only one conclusion concerning the issue. City of San Diego v. Superior Court, 137 Cal. App. 4th 21, 28 (2006)
There is nothing within Government Code section 835