Smith v. City of Richmond CA1/4
Barbara Smith appeals from a final judgment following a motion for summary judgment granted by the trial court in favor of respondent City of Richmond (City). Her complaint alleged that overgrown roots from a City-owned tree on her property had damaged her home’s sewer lines. The City denied the tree was City-owned and filed a motion for summary judgment claiming there was no genuine dispute as to its alleged ownership, and Smith had no evidence to prove the tree belonged to the City. On appeal, Smith argues the City did not meet its burden to provide evidence negating its ownership of the tree. Smith further contends the circumstantial evidence she provided, which she says the trial court improperly disregarded as hearsay, established there was a triable issue of fact as to whether the City owned the tree. Seeing no merit in these claims, we affirm the judgment.
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