State of California v. Superior Court

Opinion

THE COURT.

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…