City of Pomona v. Superior Court

The City of Pomona (City) seeks a writ of mandate compelling the superior court to vacate its order denying the City’s motion for partial summary judgment in consolidated actions for damages and a cross-action for indemnity arising out of the City’s closure of a cave on City property and to enter a new and different order granting City’s motion for partial summary judgment. We deny the petition and remand the cause for reconsideration in the light of this opinion.

Facts and Procedural History

The City is a defendant, cross-complainant and cross-defendant in a number of consolidated actions pending in respondent superior court. The plaintiffs are numerous property owners who allegedly sustained damage as a result of the April 20, 1982 closure of a cave in the Westmont Hills area of the City by real party in interest Broco, Inc. (Broco), a demolition and explosives contractor hired by the City for that purpose. Broco is named as a defendant, cross-complainant and cross-defendant in the consolidated actions.

In its answer to the fourth amended complaint, the City set forth several affirmative defenses, including the absolute immunity provided to local government entities…