The demurrer filed by Defendant City of Santa Ana to the first cause of action in the Second Amended Complaint (“SAC”) for dangerous condition of public property is overruled on grounds of failure to state facts sufficient to constitute a cause of action and uncertainty. In the first cause of action, Plaintiffs allege a claim for dangerous condition of public property. A public entity, like Defendant, is not liable for an injury arising out of an act or omission of the public entity or its employees except as provided by statute. (Gov. Code, § 815, subd. (a).) “The sole statutory basis for imposing liability on public entities as property owners is Government Code section 835.” (Cerna v. City of Oakland (2008) 161 Cal.App.4th 1340, 1347.) To state a cause of action against a public entity under section 835, a plaintiff must allege: (1) a dangerous condition existed on the public property at the time of the injury; (2) the condition proximately caused the injury; (3) the condition creat
Hearing Date
December 15, 2017
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The demurrer filed by Defendant City of Santa Ana to the first cause of action in the Second Amended Complaint (“SAC”) for dangerous condition of public property is overruled on grounds of failure to state facts sufficient to constitute a cause of action and uncertainty. In the first cause of action, Plaintiffs allege a claim for dangerous condition of public property. A public entity, like Defendant, is not liable for an injury arising out of an act or omission of the public entity or its employees except as provided by statute. (Gov. Code, § 815, subd. (a).) “The sole statutory basis for imposing liability on public entities as property owners is Government Code section 835.” (Cerna v. City of Oakland (2008) 161 Cal.App.4th 1340, 1347.) To state a cause of action against a public entity under section 835, a plaintiff must allege: (1) a dangerous condition existed on the public property at the time of the injury; (2) the condition proximately caused the injury; (3) the condition creat