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.     

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Appellate Information

Filed January 26, 2010

Judges

Opinion by Judge Willhite

For Appellant:   Edmund G. Brown, Jr., Attorney General, James M. Schiavenza, Assistant Attorney General, Richard J. Rojo and Heidi T. Salerno, Deputy Attorneys General

For Appellee:   N/A