Branch v. State Ex Rel. Department of Transportation

[342]

Opinion

ROTH, P. J.

In a first amended complaint filed by appellant Shirley Branch it was alleged, inter alia, that:

“5. On or about September 9, 1981, defendants Department of Transportation, State of California, . . . and each of them, were the owners, operators, managers, securers, protectors, policers and/or maintainers of land, property and structures located at or near the intersection of Athens Way and 116th Street in the City of Los Angeles, Los Angeles County, California.[

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“6. On or about September 9, 1981, defendant Department of Transportation, State of California . . . and each of them, so negligently and carelessly owned, operated, managed, secured, protected, policed and/ or maintained said property, land and structures that their condition was unreasonably dangerous. Defendants, and each of them, had actual and constructive notice of the dangerous condition of the property, land and structures: Officials from neighboring cities had for years prior to September 9, 1981, complained to defendants, and each of them that the rundown condition of such property, land and structures was attracting and causing criminal activities, such as assaults, batteries and rapes, which otherwise would not have taken place; the state legislature had authorized in 1974 the removal or demolition of such structures as had become ‘a threat to public health and safety’ and had declared a purpose of ‘abating a serious threat to the health and safety’ existing thereat; defendants, and each of them, had at one time taken steps to ameliorate the dangerous conditions by securing the structures on said property and land against entry by placing boards over windows, by bolting doors closed and by taking other steps, but after such initial efforts had failed to maintain such safety steps and had permitted the boarding and doors to deteriorate and to be removed, opening the structures to foreseeable criminal activity; the particular structure to which plaintiff was taken as alleged hereunder was also missing safety measures previously in place due to the neglect and failure of defendants, and each of them, to inspect or maintain; numerous criminal activities were known to have occurred because of the lack of maintenance, including assaults on persons who had been abducted from other areas. The condition of said land, property and structures created a reasonably foreseeable risk of the kind of injury sustained by plaintiff. Defendants, and each of them, had actual and constructive notice of the dangerous condition of the property in