City of Los Angeles v. Superior Court CA2/3
The underlying consolidated action against the City of Los Angeles (City) for personal injury and wrongful death damages arises out of an incident during which an individual drove his car onto Ocean Front Walk, popularly known as the Venice Beach Boardwalk (Boardwalk), and intentionally ran into 17 pedestrians. The City sought summary judgment in two of the lawsuits, claiming, among other things, that it was immune from liability for the plaintiffs’ injuries because the Boardwalk is a recreational trail under Government Code section 831.4, the so-called “trail immunity” statute. The trial court denied the City’s motion, finding a triable issue of fact exists as to whether the Boardwalk is a recreational trail because there are commercial businesses along that pathway.
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