Schermerhorn v. City of Palm Springs CA4/1

Filed 9/19/25 Schermerhorn v. City of Palm Springs CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 STATE OF CALIFORNIA

DAVID SCHERMERHORN, D086169 Plaintiff and Appellant,

v. (Super. Ct. No. CVPS2204973)

CITY OF PALM SPRINGS, Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Riverside County, Manuel Bustamante, Jr., Judge. Affirmed. Wilshire Law Firm, Oscar Roesler, Todd P. Drakeford, Cameron H. Totten and Hazel S. Chang, for Plaintiff and Appellant. Best Best & Krieger, Amy E. Hoyt, Jessica K. Lomakin and Adrianna Castro, for Defendant and Respondent.

David Schermerhorn was injured when the driver of the car he was riding in, Dale Pawley, made an illegal U-turn and collided with an oncoming car. He filed a negligence action against Pawley and sued the State of California, the County of Riverside, and the City of Palm Springs (City), alleging that the location of the accident constituted a dangerous condition of

public property. (Gov. Code, § 835.)1 The trial court sustained the City’s demurrer to Schermerhorn’s second amended complaint (the operative complaint) without leave to amend. On appeal, Schermerhorn asserts the operative complaint sufficiently alleges facts establishing a dangerous condition of public property. In the alternative, he argues the court abused its discretion by denying him an opportunity to further amend his complaint. We disagree and affirm the judgment of dismissal.

FACTUAL AND PROCEDURAL BACKGROUND

At approximately 5:15 p.m. on December 23, 2021, Schermerhorn was a passenger in a vehicle driven by Pawley, traveling westbound on West San Rafael Drive. Pawley pulled over to the shoulder of the road and then attempted an illegal U-turn to head eastbound on West San Rafael. In doing so, he turned into the path of another vehicle also traveling westbound, which collided with Pawley’s vehicle and caused Schermerhorn’s injuries. After Schermerhorn filed his initial complaint and an amended complaint, the City demurred, contending that the general allegations in the first amended complaint failed to state a cause of action for dangerous