Bledsoe v. City of Stockton CA3

Filed 10/16/25 Bledsoe v. City of Stockton CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

DONNELL BLEDSOE, C101558

Plaintiff and Appellant, (Super. Ct. No. STKCVUPI20210009684) v.

CITY OF STOCKTON,

Defendant and Respondent.

Self-represented plaintiff Donnell Bledsoe sued defendant City of Stockton for dangerous condition of public property after tripping over a curb abutting a private driveway. During the bench trial, the trial court granted the city’s motion for judgment under Code of Civil Procedure section 631.8 (section 631.8). Without a reporter’s transcript of the trial proceedings, plaintiff appeals. Based on the state of the record, we affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND Plaintiff’s record on appeal consists solely of a clerk’s transcript composed of the following documents: (1) plaintiff’s responses to the city’s discovery requests; (2) plaintiff’s supplemental trial brief; (3) plaintiff’s oppositions to two motions in limine; (4) the trial court’s statement of decision; and (5) the resulting judgment of dismissal. According to the statement of decision, plaintiff filed a complaint against the city for dangerous condition of public property. He alleged that he tripped and fell over a curb that abutted a private driveway, injuring his thumb and foot and worsening a back injury. During the bench trial, plaintiff presented three witnesses and two photographs of the area where he fell. One witness testified that she and plaintiff were walking along a street when a large dog appeared from her blindside. She and plaintiff stepped to the right to get away from the dog, at which point plaintiff tripped and fell. According to plaintiff, “his left foot hit a raised curb which was concealed by the long grass on the planter/lawn area abutting the curb.” He fell on this hand, causing pain to his thumb, foot, and back. Plaintiff testified that his doctor recommended seeing a physical therapist. A physical therapist testified that he treated plaintiff for neck, shoulder, and back pain over the course of six visits. The therapist is not a medical doctor, cannot diagnose patients, and did not review plaintiff’s MRIs or x-rays before treating him. The therapist also testified that he considered his treatments successful and confirmed that plaintiff “reported no discomfort in the cervical and left upper extremity after treatment and that his lumbar area was not bothering him after treatment.” Plaintiff testified that his injuries did not improve after physical therapy, so he underwent surgery. But he did not specify what surgery he underwent, when the surgery occurred, or who conducted the surgery.