Jordan

Plaintiff Lessie V. Jordan appeals from the summary judgment dismissing her action against the City of Long Beach *880 brought to recover damages for personal injuries allegedly sustained in a fall caused by the dangerous and defective condition of the public sidewalk maintained by the city. The nature of appellant’s alleged cause of action is indicated by the following quoted paragraph of her complaint which follows allegations descriptive of the allegedly dangerous condition and its location and asserting the city’s failure to remedy the condition for a long period of time after acquiring knowledge of its existence:

“That as a direct and proximate result of defendant’s negligence, recklessness and carelessness, and failing to remedy the said dangerous condition caused by the protruding water pipe, and the broken, sunken portions of the pavement, plaintiff, on or about the 15th day of December, 1968, at or about 2:30 P.M., while alighting from an automobile being driven by her daughter and proceeding into Doc’s Laundromat, located at 565 E. Willow St., in the City of Long Beach, Los Angeles County, State of California, stepped in or on a defective portion of the…

I concur in the reversal of the summary judgment in favor of the City of Long Beach. However, the dangerous condition complained of existed on property which was privately owned and maintained—not on property owned or maintained by the city. The city’s pleading sets forth, and the photographs in the declarations suggest, that the city did not maintain a sidewalk in this particular area. If this is true, then I do not believe the city can be held liable for a dangerous condition created by an adjacent property owner who has black-topped or paved a portion of his property adjoining the public highway and then allowed that portion to deteriorate. The city can be held liable to a pedestrian for the dangerous condition of adjoining property only if it purported to establish at that location, and did establish, a sidewalk for the general use of the public. (Cf. Beyer v. City of Los Angeles, 229 Cal.App.2d 378 [ 40 Cal.Rptr. 341 ].)

HERNDON, Acting P.J.

Plaintiff Lessie V. Jordan appeals from the summary judgment dismissing her action against the City of Long Beach brought to recover damages for personal injuries allegedly sustained in a fall caused by the dangerous and defective condition of the public sidewalk maintained by the city. The nature of appellant's alleged cause of action is indicated by the following quoted paragraph of her complaint which follows allegations descriptive of the allegedly dangerous condition and its location and asserting the city's failure to remedy the condition for a long period of time after acquiring knowledge of its existence:

"That as a direct and proximate result of defendant's negligence, recklessness and carelessness, and failing to remedy the said dangerous condition caused by the protruding water pipe, and the broken, sunken portions of the pavement, plaintiff, on or about the 15th day of December, 1968, at or about 2:30 P.M., while alighting from an automobile being driven by her daughter and proceeding into Doc's Laundromat, located at 565 E. Willow St., in the City of Long Beach, Los Angeles County, State of California, stepped in or on a defective…