State of Cal. v. Super. Ct.

FACTS

On October 12, 2018, Moises Paniagua was driving northbound on Walnut Canyon Road approaching a left curve in the roadway at Broadway Road. Lisa Kinsey was traveling eastbound on Broadway Road approaching Walnut Canyon Road. Kinsey allegedly failed to keep her vehicle in her lane of travel and struck Paniagua’s vehicle, killing him. In 2019, plaintiffs/real parties in interest (Plaintiffs), the wife and minor children of Paniagua, sued Kinsey for negligence. They also sued the City of Moorpark, the City of Ventura, and the State of California for a dangerous condition on public property (Gov. Code, § 835) and negligent or wrongful act or omission of an employee (id., § 815.2). Plaintiffs allege: (1) prior to the accident on October 12, 2018, “other incidents of the same or similar type occurred at the same location as a result of vehicles crossing into opposing lanes of traffic and crashing into each other”; and (2) the location where the accident occurred was a dangerous curve and/or a dangerous section of public roadway that Moorpark, Ventura, and the State knew or should have known about. During discovery, the State produced three traffic accident reports concerning…