City of Sacramento v. Gemsch Investment Co.

Opinion

CECCHETTINI, J.*

The briefs of all parties show no significant factual dispute for the purposes of this appeal.

The appellant, City of Sacramento (City), appeals from judgments granting separate motions of respondents Gemsch Investment Company, Vandenberg Motors, and ABC Supply Inc., for summary judgment. The motions were coordinated and based on essentially the same grounds and facts.

The plaintiff, Minnie M. Myers, slipped on some droppings (date palm nuts or seeds) on a sidewalk on the east side of 28th Street between J and K Streets in the City of Sacramento, on January 29, 1977, and…