State of California v. Superior Court

This petition seeks a writ of prohibition restraining the trial court from proceeding to trial in a personal injury action after the court’s denial of petitioner’s motion for summary judgment.

The depositions in support of the motion for summary judgment disclosed the following uncontradicted facts: plaintiff, a two and one-half-year-old minor, had accompanied his mother and others to San Gregorio State Beach in San Mateo County. After inspecting a particular area carefully, the group sat down two or three feet from a small sheltered alcove. Shortly thereafter, plaintiff wandered over and…