City of Chico v. Superior Court

Filed 8/30/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Butte) ----

CITY OF CHICO, C092293

Petitioner, (Super. Ct. No. 18CV00707 )

v.

THE SUPERIOR COURT OF BUTTE COUNTY,

Respondent;

WENDY MCKENZIE et al.,

Real Parties in Interest.

ORIGINAL PROCEEDINGS in mandate. Tamara L. Mosbarger, Judge. Stay issued. Petition granted with directions.

Alvarez-Glasman & Colvin, Sharon Medellin for Petitioner.

No appearance for Respondent.

Dreyer, Babich, Buccola, Wood, Campora, Roger A. Dreyer and C. Athena Roussos for Real Parties in Interest.

1 Plaintiff Wendy McKenzie was injured by a falling tree branch while jogging in Lower Bidwell Park, a municipal park owned by the City. She and her husband, Leslie McKenzie, real parties in interest, sued the City of Chico for personal injuries. The City seeks a preemptory writ of mandate directing the trial court to vacate its denial of its motion for summary judgment and to grant the motion. The City argues the trial court, in denying the motion, failed to recognize the City is immune from liability…