Ramsey

Plaintiff Joseph Ramsey has appealed from a judgment and an award of costs and attorney’s fees in favor of defendant City of Lake Elsinore (City) following the granting of the City’s motion for summary judgment. The City’s motion was granted on the ground that there was no triable issue of fact as to the City’s ownership and control of the property on which Ramsey had been injured.

Factual and Procedural Background

While crossing Riverside Drive in the City, Ramsey, a pedestrian, was struck by an automobile driven by Randall Gray. Ramsey brought an action against Gray for damages for personal injuries caused by Gray’s negligence. Ramsey also sued the City, the County of Riverside (County) *1534 and the State of California (State). Ramsey alleged that each public entity owned, maintained or controlled the property where the accident occurred, in a dangerous condition, thus causing Ramsey’s injuries. Gray filed a cross-complaint against the City, the County and the State for indemnity, contribution and declaratory relief.

The City moved for summary judgment. 1 The City contended that it was undisputed that Ramsey’s injuries occurred as he was crossing Riverside Drive…

I respectfully dissent for the reasons listed below.

A. City Failed to Produce Evidence That It Did Not Control Riverside Drive Near Its Intersection With Joy Street

This is an appeal from the granting of a motion for summary judgment. As the majority points out, “. . . all doubts should be resolved in favor of the party opposing the motion.” (Powell v. Standard Brands Paint Co. (1985) 166 Cal.App.3d 357, 362 [ 212 Cal.Rptr. 395 ].) More specifically, as not noted by the majority, “. . . the moving party’s papers are strictly construed, while those of the opposing part[y] are liberally construed.” (Garcia v. Wetzel (1984) 159 Cal.App.3d 1093, 1095 [ 206 Cal.Rptr. 251 ].)

Simply put, plaintiff here alleged that the property which was in a dangerous condition was Riverside Drive “at or near” its intersection with Joy Street, and that the City of Lake Elsinore (City) owned, maintained or controlled that property. City, in its motion for summary judgment, alleged that it did not own, control or maintain such property, but in support of this allegation tendered as evidence only the declaration of City Engineer Ron Kirchner, who stated that City did not own or maintain Riverside…

Plaintiff Joseph Ramsey has appealed from a judgment and an award of costs and attorney's fees in favor of defendant City of Lake Elsinore (City) following the granting of the City's motion for summary judgment. The City's motion was granted on the ground that there was no triable issue of fact as to the City's ownership and control of the property on which Ramsey had been injured.

While crossing Riverside Drive in the City, Ramsey, a pedestrian, was struck by an automobile driven by Randall Gray. Ramsey brought an action against Gray for damages for personal injuries caused by Gray's negligence. Ramsey also sued the City, the County of Riverside (County) and the State of California (State). Ramsey alleged that each public entity owned, maintained or controlled the property where the accident occurred, in a dangerous condition, thus causing Ramsey's injuries. Gray filed a cross-complaint against the City, the County and the State for indemnity, contribution and declaratory relief.

The City moved for summary judgment. [1] The City contended that it was undisputed that Ramsey's injuries occurred as he was crossing Riverside Drive near Joy Street, the site…