Kendrick

Plaintiff Calvin Kendrick brought this action against the defendant City of La Mirada (hereafter “city”) for damages for personal injuries and property damage alleging the city’s negligence in maintaining its street in an unsafe manner and in failing to provide adequate warnings of the unsafe conditions. Pursuant to section 597 of the Code of Civil Procedure and the pretrial order, the issue of plaintiff’s compliance vel non with section 912 of the Government Code was tried to the court prior to the trial on the merits. The court found against plaintiff on this issue and rendered judgment for defendant. Plaintiff’s motion for new trial was denied. He appeals from the judgment.

I.

Plaintiff was injured on March 4, 1964, when the motorcycle he was riding collided with the curb of a public street in defendant city. He retained an attorney to prosecute his claim for damages arising from the accident.

The attorney set about immediately to ascertain whether the locus of the accident was located in the city or in the unincorporated territory of Los Angeles County. He instructed his law clerk to make inquiry of the city for this purpose. A person answering the call on behalf of the…