Heskel

Filed 6/13/14; pub. order 6/23/14 (see end of opn.)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

MENAHEM HESKEL, D062186

Plaintiff and Appellant,

v. (Super. Ct. No. 37-2010-00100268-

CU-PA-CTL)

CITY OF SAN DIEGO,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of San Diego County,

Timothy B. Taylor, Judge. Affirmed.

Michael A. Feldman for Plaintiff and Appellant.

Jan I. Goldsmith, City Attorney, Andrew Jones, Executive Assistant City

Attorney, Jennifer K. Gilman and Stacy J. Plotkin-Wolff, Deputy City Attorneys, for

Defendant and Respondent.

Menahem Heskel (Heskel) sued the City of San Diego (City), claiming he suffered

personal injury from a dangerous condition of public property, when he tripped over a

protruding base of a hollows metal post (condition) cemented into a city sidewalk. (Gov.

Code, § 835); all statutory references are to the Government Code unless otherwise noted.) The trial court granted the City's motion for summary judgment, finding, as a

matter of law, the City lacked constructive notice of a…