Toeppe v. City of San Diego

220 Cal. Rptr. 3d 608, 13 Cal. App. 5th 921, 2017 WL 3187391, 2017 Cal. App. LEXIS 651
CourtCalifornia Court of Appeal, 5th District
DecidedJuly 27, 2017
DocketD069662
StatusPublished
Cited by5 cases

This text of 220 Cal. Rptr. 3d 608 (Toeppe v. City of San Diego) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Toeppe v. City of San Diego, 220 Cal. Rptr. 3d 608, 13 Cal. App. 5th 921, 2017 WL 3187391, 2017 Cal. App. LEXIS 651 (Cal. Ct. App. 2017).

Opinion

HUFFMAN, Acting P.J.

*923A tree branch fell on Lorin Toeppe while she and her boyfriend were walking through Mission Bay Park. She filed suit against the City of San Diego (City) alleging the existence of a dangerous condition on public property, namely a negligently maintained eucalyptus tree. The City prevailed on summary judgment, arguing that Toeppe was struck by the tree branch while standing on a trail; thus, the City could not be liable under Government Code 1 section 831.4 (trail immunity).

Toeppe appeals the ensuing final judgment following the City's successful motion for summary judgment. Toeppe's challenge to the judgment is two-fold. First, she asserts trail immunity does not apply under the facts of this case. To this end, Toeppe emphasizes that her claim of a dangerous condition is based on a negligently maintained eucalyptus tree, not the condition of the trail passing through the park. Second, she contends even if trail immunity does apply, a disputed issue of material fact exists as to where she was located when the branch struck her. We agree with her on both grounds. Toeppe's claim in this case does not give rise to trail immunity. In addition, there was a disputed issue of material fact as to where she was when the branch struck her. Thus, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Mission Bay Park is the largest man-made aquatic park in the country. The park offers many recreational activities, including paths for walking and jogging and playgrounds for children. Mission Bay Park is a popular destination to picnic and enjoy the ocean. The trees at Mission Bay Park were either planted when the park was being constructed or are the offspring of the original planted trees.

*924*610While Toeppe was walking through Mission Bay Park with her boyfriend, a branch fell off a eucalyptus tree and struck her.2 Toeppe sustained serious injuries.

Toeppe made a claim of public liability against the City, stating she was injured when "a large eucalyptus tree located on property owned, controlled, and maintained by the" City fell on her. The City took no action on Toeppe's claim; thus, it was deemed denied by operation of law. (§ 912.4.) Toeppe then sued the City in superior court, alleging a single cause of action for dangerous condition of public property. In her complaint, Toeppe averred that the City negligently maintained the eucalyptus tree, creating a dangerous condition. That condition resulted in a large branch from the tree striking and injuring Toeppe.

The City answered the complaint and then moved for summary judgment. The focus of the City's motion was that the City was immune from liability under section 831.4 because Toeppe was on a trail when she was injured. Toeppe opposed the motion, arguing section 831.4 did not apply. After considering the motion, opposition, and evidence as well as entertaining oral argument, the superior court granted the motion, finding the City was immune from liability under section 831.4. The court then entered a final judgment in favor of the City.

Toeppe subsequently brought a motion for new trial. In that motion, Toeppe argued the court erred in granting summary judgment because a material issue of fact existed on causation. In addition, Toeppe repeated her argument that section 831.4 was not applicable. Toeppe also offered evidence that she obtained after the summary judgment hearing, which included information about contracts between the City and private tree trimming companies.3

The court denied Toeppe's motion for a new trial, affirming that summary judgment was appropriate. The court further explained why it believed section 831.4 applied:

"The evidence shows the injuries to [Toeppe] were caused when she was walking on the trail. Although it is disputed whether she was actually on the physical paved trail or just off of it, [Toeppe's] contention is that the trail immunity does not apply to the other condition (failure to adequately maintain a tree next to the trail). [¶] Even if a trier of fact could find that the tree's condition was a dangerous condition-and that it substantially contributed to the accident, it does not create liability to fulfill its *925purpose, the immunity should apply to the tree (and its condition) because of the location of the tree to the trail."

Toeppe timely appealed the judgment as well as "all subsequent orders entered thereafter including the order denying new trial."4

*611DISCUSSION

"On appeal after a motion for summary judgment has been granted, we review the record de novo, considering all the evidence set forth in the moving and opposition papers except that to which objections have been made and sustained." ( Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317, 334, 100 Cal.Rptr.2d 352, 8 P.3d 1089.) A motion for summary judgment "should be granted if no triable issue exists as to any material fact and the defendant is entitled to a judgment as a matter of law." ( Kahn v. East Side Union High School Dist. (2003) 31 Cal.4th 990, 1002-1003, 4 Cal.Rptr.3d 103, 75 P.3d 30, citing Code Civ. Proc., § 437c, subd. (c).) "In performing our de novo review, we view the evidence in the light most favorable to plaintiffs as the losing parties." ( Wiener v. Southcoast Childcare Centers, Inc. (2004) 32 Cal.4th 1138, 1142, 12 Cal.Rptr.3d 615, 88 P.3d 517.) "[W]e liberally construe plaintiffs' evidentiary submissions and strictly scrutinize defendant's own evidence, in order to resolve any evidentiary doubts or ambiguities in plaintiffs' favor." ( Ibid . )

Toeppe's complaint alleges a single cause of action for dangerous condition of public property.

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Cite This Page — Counsel Stack

Bluebook (online)
220 Cal. Rptr. 3d 608, 13 Cal. App. 5th 921, 2017 WL 3187391, 2017 Cal. App. LEXIS 651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toeppe-v-city-of-san-diego-calctapp5d-2017.