Meddock
Meddock v. County of Yolo
Opinion
Opinion
DISCUSSION
I Summary and Standard of Review The parties agree on the essential facts, but draw different legal conclusions
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2 These possible theories are not briefed on appeal and therefore we deem them to be abandoned. (See 9 Witkin, Cal. Procedure (5th ed. 2008) Appeal, § 701, p. 769 (Witkin).)
3 therefrom.3 Meddock posits that because he was using improved public property for its intended purpose when he was injured thereon, section 831.2 immunity does not apply. The County posits that because the injury was “caused by a natural condition” of unimproved public property, the immunity does apply. We agree with the County. In reviewing a defense summary judgment, we apply the traditional three-step analysis used by the trial court, that is, we: 1) identify the pleaded issues; 2) determine if the defense has negated an element of the plaintiff‟s case or established a complete defense, and if and only if so; 3) determine if the plaintiff has raised a triable issue of fact.4 (See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 (Aguilar); AARTS Productions, Inc. v. Crocker National Bank (1986) 179 Cal.App.3d…