Even if plaintiff was able to allege that the fence that caused his injuries was a known, dangerous condition, the trail immunity provision of the Government Claims Act barred suit because the fence was a condition inherent to the trail.
Cases of Interest
Civil Procedure – Landowner owed no duty to decedent because it had no knowledge of dangerousness of product, which was stored in drums that did not disclose it was hazardous
Policy language that each party will pay expenses it incurs in arbitration and bear expenses of arbitrator equally did not preclude recovery under Code of Civil Procedure Section 998
The Court determined that the sudden emergency doctrine applies to the emergency the party that is alleged to have been negligent faced, and it excuses that party’s behavior due to the emergency.
Lawsuits filed under California’s Private Attorney General Act (PAGA) are not “class actions” for purposes of federal subject matter jurisdiction under the Class Action Fairness Act (CAFA)