Stein

Filed 4/17/13 Stein v. City of San Diego CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

MARC STEIN, D061428

Plaintiff and Appellant,

v. (Super. Ct. No. 37-2011-00086918-

CU-PO-CTL)

CITY OF SAN DIEGO,

Defendant and Respondent.

APPEAL from an order of the Superior Court of San Diego County, Gonzalo

Curiel, Judge. Affirmed.

Marc Stein brought suit against the City of San Diego (the City) after he tripped

over a median while crossing the street and was injured. The City brought a motion for

summary judgment, which the court granted.

Stein appeals, contending the superior court erred in granting summary judgment

because the court should have found the City had a duty to provide adequate…