Wins

City of Moreno Valley v. Superior Court (2009) 2009 Cal.App. Unpub. LEXIS 8478 (California Court of Appeal, Fourth Appellate District, Division Two) [unpublished]. The plaintiff asserted that GMSR’s client city was liable for a dangerous condition in an intersection. Plaintiff was traveling on his motorcycle southbound on a two lane road when he was struck by a northbound vehicle illegally turning left in front of him at an intersection controlled by a regular stoplight. Plaintiff argued that the City should have put in a left turn light or phased signal, given the increased speed and volume of traffic through the intersection. The City demurred, arguing there could be no liability for failure to place a particular kind of traffic control device, relying on Government Code provisions stating that the mere absence of a traffic control device cannot be a dangerous condition absent some physical defect of the property. The trial court overruled the demurrer, and GMSR partner Tim Coates filed a writ petition for the City, arguing that a claim based on failure to install a particular type of device was indistinguishable from a claim based on failure to install any device at all and hence fell within the immunity. The Court of Appeal agreed and directed the trial court to dismiss the action.