Tolan

The action in the trial court was for personal injuries suffered by a pedestrian when a motorist jumped an angling curb where the roadway narrows. Among the defendants sued was the State of California, and, with reference to the state and the other public entity defendants, it was alleged that they were “the builders, owners, operators and maintainers” of the public road at the place where it narrowed from four lanes to two lanes.

The state in its answer alleged by way of affirmative defense that the subject portion of the roadway was not owned, maintained or controlled by the state at the time of the injuries suffered by the plaintiff. The defense was raised by way of a motion in limine.

At the time the motion was considered, the trial court recited the operative facts as having been stipulated to by the parties. The court’s recitation of the stipulation was as follows: “the condition that existed on Brea Street at the time of the accident in 1976, was a condition that existed while the State of California had control and ownership of Brea Boulevard. [H] That the State of California owned and maintained Brea Boulevard until 1973, when the state relinquished control to…