Laabs V. City Of Victorville

Plaintiff Amanda Laabs was injured in an automobile collision. She sued various parties, including the County of San Bernardino (the County) and the City of Victorville (the City). As against these governmental entities, she alleged that her injuries were caused by a dangerous condition of public property for purposes of Government Code sections 830 and 835.*fn1 The City moved for summary judgment, which the court granted. The court subsequently denied the City's motion for defense costs (pursuant to Code of Civil Procedure section 1038) and expenses incurred in proving matters that plaintiff had denied (pursuant to Code of Civil Procedure section 2033.420). Following the denial of plaintiff's motion for new trial and the entry of judgment, plaintiff appealed. The City appealed from the court's denial of its motion for defense costs and expenses.