Arvizu

*761 INTRODUCTION

Plaintiff and Appellant Jonathan Arvizu sued the City of Pasadena after he fell over a retaining wall located beside a recreational trail in the *762 City's Arroyo Seco Natural Park, resulting in devastating personal *121 injuries. Arvizu had entered the Park in the dark, pre-dawn hours, while it was closed, in order to go "ghost hunting" with a group of friends. While taking a shortcut to reach the trail, he lost his footing, careened across the trail, and fell over the wall.

He appeals the trial court's grant of summary judgment. The trial court held that "trail immunity" under Government Code section 831.4, subd. (b) 1 -which provides that a public entity "is not liable for an injury caused by a condition of" any trail used for recreational purposes-barred Arvizu's section 835 claim for dangerous condition of public property. The trial court also held that Arvizu failed to raise a triable issue concerning whether the retaining wall was substantially dangerous when used with due care. It therefore granted summary judgment on the additional ground that the embankment was not a dangerous condition of public property per sections 830(a) and 835. 2

The…