Pub. Utilities Comm'n v. Sup. Ct., No. B217634
In a wrongful death action arising out of a fatal accident at a railroad crossing, the California Public Utilities Commission's petition for a writ of mandate challenging the trial court's denial of a motion for summary adjudication is granted and the trial court's order denying the motion is set aside in part as decisional law supports a conclusion that a public entity's ability to regulate property it neither owns nor possesses is not equivalent to a public entity having control of the property within the meaning of Gov. Code section 830.
Filed January 26, 2010
Opinion by Judge Willhite
For Appellee: N/A