State of California v. Superior Court

Opinion

THE COURT.

1

The State of California seeks a prerogative writ to set aside an order of the superior court overruling its demurrer to the first amended complaint of real party in interest Allison Young. Young has sued the state for injuries she sustained when she fell off a horse on a trail in a state park. The state contends that Young cannot, as a matter of law, establish her premise for state’s liability, i.e., that the trail was in a dangerous or defective condition. We agree and issue the writ.

We are limited to the material facts well pied in both the first amended and the initial complaint. (See

Blank

v.

Kirwan

(1985) 39 Cal.3d 311, 318 [216 Cal.Rptr. 718, 703 P.2d 58].) Young’s initial complaint alleged she was

[327]

riding a horse on a trail in Annadel State Park when “a mountain bicyclist came charging downhill towards her at an extremely high rate of speed, which spooked her horse.” The horse bucked and Young was thrown to the ground and severely injured. The complaint alleged that the park was in a dangerous condition because its trails, including the one on which Young was injured, were open for use by mountain-bike riders as well as equestrians. The initial complaint alleged no physical defect in the trail on which Young was riding or in the park generally.

The state demurred to the initial complaint, on the ground that third party conduct alone cannot create a dangerous condition of public property; rather, the third party conduct must be coupled with a physical defect. (See

Hayes

v.

State of California

(1974) 11 Cal.3d 469, 472 [113 Cal.Rptr. 599, 521 P.2d 855]

(Hayes).)

The superior court agreed and sustained the demurrer with leave to amend. Young then filed the present first amended complaint, adding an allegation of physical defect. Young alleged that “The existence of numerous speeding mountain cyclists