De La Cruz v. City of Perris CA4/2
Plaintiff and appellant Elizabeth De La Cruz appeals the grant of summary judgment in favor of defendant and respondent City of Perris (City).
De La Cruz was walking on the sidewalk on Ruby Drive in Perris when she tripped over a three-inch metal portion of a broken sign post (condition) and broke her arm. De La Cruz filed a single cause of action complaint alleging premises liability. City filed a motion for summary judgment (MSJ). The trial court granted the MSJ.
De La Cruz claims on appeal the MSJ was erroneously granted as there were disputed issues as to whether City had actual or constructive notice of the dangerous condition within the meaning of Government Code sections 835 and 835.2. We conclude the MSJ was properly granted.
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