Laabs

Concurring and Dissenting. — I concur with the majority opinion affirming the trial court’s grant of summary judgment in favor of the City of Victorville (City), but am forced to write separately to question the majority’s discussion of the City’s liability as an adjacent property owner, the City’s request for judicial notice, and the City’s motion for attorney fees.

Amanda Laabs (Plaintiff) sued the City and the County of San Bernardino (County), among other parties, as a result of her injuries incurred in an automobile accident on Ridgecrest Road where it intersects with Pebble Beach Drive. Ridgecrest Road is a four-lane north/south roadway. The northbound lanes are owned and controlled by the County. The southbound lanes are owned and controlled by the City. The accident occurred when the northbound vehicle in which Plaintiff was a passenger collided with a westbound left-turning vehicle driven by Dorothy Specter (Specter). Plaintiff alleged that her injuries were caused by a dangerous condition of public property. Both the City and the County moved for summary judgment. The *1278 trial court considered both motions simultaneously. It then granted both motions. Plaintiff…

*1247 Opinion

I. INTRODUCTION

Plaintiff Amanda Laabs was injured in an automobile collision. She sued various parties, including the County of San Bernardino (the County) and the City of Victorville (the City). As against these governmental entities, she alleged that her injuries were caused by a dangerous condition of public property for purposes of Government Code sections 830 and 835. 1 The City moved for summary judgment, which the court granted. The court subsequently denied the City’s motion for defense costs (pursuant to Code Civ. Proc., § 1038) and expenses incurred in proving matters that plaintiff had denied (pursuant to Code Civ. Proc., § 2033.420). Following the denial of plaintiff’s motion for new trial and the entry of judgment, plaintiff appealed. The City appealed from the court’s denial of its motion for defense costs and expenses.

We affirm both the trial court’s grant of summary judgment as well as its denial of the City’s motion for defense costs and expenses.

II. STATEMENT OF FACTS

The following facts are, in essence, uncontroverted and taken from the evidence submitted by the parties in support of, and in opposition to, the motion for summary judgment.…

Plaintiff Amanda Laabs was injured in an automobile collision. She sued various parties, including the County of San Bernardino (the County) and the City of Victorville (the City). As against these governmental entities, she alleged that her injuries were caused by a dangerous condition of public property for purposes of Government Code sections 830 and 835. [1] The City moved for summary judgment, which the court granted. The court subsequently denied the City's motion for defense costs (pursuant to Code Civ. Proc., § 1038) and expenses incurred in proving matters that plaintiff had denied (pursuant to Code Civ. Proc., § 2033.420). Following the denial of plaintiff's motion for new trial and the entry of judgment, plaintiff appealed. The City appealed from the court's denial of its motion for defense costs and expenses.

We affirm both the trial court's grant of summary judgment as well as its denial of the City's motion for defense costs and expenses.

The following facts are, in essence, uncontroverted and taken from the evidence submitted by the parties in support of, and in opposition to, the motion for summary judgment. [2]

Ridgecrest Road is a four-lane…