Moore

Plaintiff and appellant Elmer Jeffrey Moore appeals the summary judgment in favor of defendant and respondent City of Torrance (City).

City’s first motion for summary judgment was heard and denied. The reason given by the trial court was that California Government Tort Liability (Cont.Ed.Bar 1964) pages 234-235 concluded that Civil Code section 846 immunity did not apply to public entities. City then filed a motion for reconsideration because the 1977 Continuing Education of the Bar edition stated that the section did apply to public entities citing English v. Marin Mun. Water Dist. (1977) 66 Cal.App. 3d 725 [ 136 Cal.Rptr. 224 ]. No new facts concerning the accident were alleged in the motion for rehearing. It was based solely on the apparent change in the law as reported in English, supra. Plaintiff has appealed contending that a motion for reconsideration must state new facts and in the alternative the granting of the summary judgment was error because there are triable issues of fact.

The pertinent facts are as follows: on or about February 5, 1977, plaintiff and several friends rode their bicycles to City’s Entradero Park. In the park is a Little League baseball…