Ghermezian v. State of California CA2/2

Filed 7/24/24 Ghermezian v. State of California CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

SIRIOUS GHERMEZIAN, B325136

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. 19STCV46510) v.

STATE OF CALIFORNIA,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Audra M. Mori, Judge. Reversed.

Raymond Ghermezian for Plaintiff and Appellant.

Holbrook, Montoya, Dadaian, Solares, DelRivo, Bowman, Berkebile and Germaine C. Ng for Defendant and Respondent.

Sirious Ghermezian (appellant) appeals from a grant of summary judgment in favor of California Department of Transportation (respondent). Appellant claims he tripped and fell over a dangerous condition on respondent’s sidewalk, and the trial court erred by finding the condition was a trivial defect. Finding triable issues of material fact on this issue, we reverse the judgment.

FACTUAL AND PROCEDURAL BACKGROUND On June 11, 2019, appellant tripped and fell after his left foot got caught on a raised portion of the sidewalk at the intersection of two concrete slabs adjacent to 11540 Santa Monica Boulevard in Los Angeles. Appellant filed suit, alleging respondent was liable for the dangerous condition on the sidewalk.1 Respondent sought summary judgment on the ground the sidewalk defect was trivial, relying on appellant’s estimate of the height differential between the slabs as less than one inch given at his deposition. Testimony from a road crew supervisor of no prior complaints of any tripping hazards at that location was also provided. In opposition, appellant provided other portions of his deposition where, after reviewing a photograph of the location, he recognized the height differential was more than an inch.