Brenner
Brenner v. City of El Cajon
Opinion
lead Opinion
McDonald, J.
Appellant Shirley Brenner was injured when struck by a car as she was walking across Chase Avenue in the City of El Cajon (City). Brenner sued City and, after demurrers were sustained to her original and first amended complaints, filed a second amended complaint alleging City was liable for a dangerous condition on public property. City’s demurrer to Brenner’s second amended complaint was sustained without leave to amend. Brenner asserts her second amended complaint adequately pleads facts showing a dangerous condition of public property; alternatively, she asserts it was an abuse of discretion to refuse her the opportunity to again amend her complaint.
I
FACTUAL AND PROCEDURAL BACKGROUND
On August 21, 2000, Brenner was walking across Chase Avenue near its intersection with Estes Street in the City. While crossing the street, she was struck by a car and suffered significant injuries.
A. The Prior Iterations of the Complaint
Brenner’s original complaint as against City pleaded a single claim for negligence. She alleged that City negligently “designed, maintained, serviced, controlled, managed, monitored, created and operated” its streets; and City knew or should have…