City of Bakersfield v. Superior Court CA5
Real party in interest Emma K., a minor, filed a lawsuit through her guardian ad litem against petitioner the City of Bakersfield (City), inter alios. She alleged she was traversing a midblock crosswalk on Jewetta Avenue on the evening of January 28, 2014, when she was struck by a vehicle. Emma contended City was liable because the crosswalk was a dangerous condition of public property that caused her injuries. In turn, City claimed design immunity under Government Code section 830.6.
Emma filed a motion for summary adjudication of City’s design immunity defense. The respondent court granted the motion, finding “[t]here is no triable issue of material fact with respect to the existence of a ‘plan or design,’ nor that any ‘plan or design’ was subjected to the approval of . . . City or . . . City’s authorized representative with discretionary authority to approve.” The court also found “City’s evidence does not, and cannot, demonstrate a ‘plan or design’ p
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