Geffen

Geffen v. County of Los Angeles

Bad Law
197 Cal. App. 3d 188·1987 Cal. App. LEXIS 2463·242 Cal. Rptr. 492
Court of Appeal of CaliforniaDecember 8, 1987B020870California2,699 words

Opinion

Opinion

Devich, J.

Plaintiff David Geffen appeals from the judgment entered following an order of nonsuit granted in favor of defendant County of Los Angeles (County). We affirm.

Procedural History

On March 25, 1981, plaintiff filed a complaint for personal injury he sustained while diving into the ocean at Santa Monica Beach. County, as well as the City of Santa Monica (City) and the State of California (State), were named as defendants.

Prior to trial, the matter was ordered bifurcated on the issues of liability and damages. Plaintiff settled his action against City and State.

A jury trial commenced in March 1986. Presentation of plaintiff’s case took approximately 23 court days, following which County moved for a nonsuit on the grounds plaintiff had not presented sufficient evidence that County had breached any duty of due care and County was protected by two separate statutory inmunities. On April 29, 1986, the trial court granted County’s motion for nonsuit and ordered the case dismissed pursuant to Code of Civil Procedure section 581c. The court did not state the basis of its ruling.

Factual Background

Viewed in accordance with the standard applicable to review of a dismissal…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.