(Download) "People v. Salas" by California Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: People v. Salas
- Author : California Court of Appeals
- Release Date : January 14, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Plaintiff and appellant minor Leana Maria Sambrano, by her guardian ad litem Art Sambrano, et al., sued defendant and respondent City of San Diego (the City) for personal injuries suffered when she climbed into and was burned in a fire ring containing sand-covered hot coals at a beach park owned and operated by the City. In addition, Leanas relatives (mother and sisters) brought their own cause of action for negligent infliction of emotional distress. The trial court granted summary judgment in favor of the City on the ground that, as a matter of law, the condition of the park fire ring was not a dangerous condition of public property. (Gov. Code, §Â§ 830, 830.2; Code Civ. Proc., § 437c, subd. (c).) In reaching its conclusions, the court declined to rule upon the evidentiary objections asserted by the City, stating that, instead, the court relied only upon evidence that was competent and admissible. (Biljac Associates v. First Interstate Bank (1990) 218 Cal.App.3d 1410, 1419 (Biljac).) As we will discuss, although we agree with the trial courts ruling as a correct legal interpretation of section 830.2, we find cause for concern in the evidentiary approach allowed by Biljac, supra, 218 Cal.App.3d 1410, as inconsistent with standard rules of appellate review. We set forth these concerns and point out the advantages to the appellate courts when the trial courts issue rulings upon properly presented evidentiary objections. (Pt. IB, post.)