2001 AGN DEC 18 I14 - Laserfiche WebLink

Browse Search

KWr A. FKANKLW Ronson ATTORNEY AT LAW DIRECT DIAL 415 995 MISS Bal D6E11 REPLY To SAN RtAN05CO E-MLIdrwildbAPardarbrIdgam= N A I C 18 November 30, 2001 V L O N 0 5 BUIKlf Ms. Sonia Carvalho City Attorney Best Best & Krieger 3750 University Avenue, Suite 400 Riverside, CA 92501 RE: Request for Participation in a)~riends of the Court Brief Bonanno v. Central Contra Costa Transit Authority Dear Ms. Carvalho: We write to request participation from cities in an amicus brief where more than 100 public agencies have already joined in asking the California Supreme Court to reverse a recent Court of Appeal decision that is damaging to the entire California public agency community. The case, Bonanno x Central Contra Costa Transit Authority CCCCTA'), will greatly expand dangerous condition of public property liability unless reversed. The Supreme Court granted review in September. With review granted, we are filing a brief on behalf of California governmental agencies. As the attached letter urging the Court to grant review explains, Bonanno suggests that public agencies may now be liable for property that they do not own, operate or control and dangerous conditions they do not create. Specifically, Bonanno exposes a public entity to liability whenevei,its property "beckons" the public to cross adjacent property where a hazard exists, even though the public entity neither owns nor controls the adjacent property. We are optimistic that the California Supreme Court will overrule the decision. Otherwise, Bonanno will spawn a significant volume of additional dangerous condition litigation, resulting in increased governmental legal budgets and potentially costly verdicts. We believe it's essential to convey that Bonanno's expansion of dangerous condition liability threatens any public entity in California that has publicly accessible property. To demonstrate this, as amici or friends of the court, Hanson Bridgett is preparing an amicus brief on behalf of many local agencies — an effort supported by both the League of California Cities and the California State Association of Counties. We hope that the city you represent will support this effort too. Doing so involves no cost and only minimal effort — after obtaining appropriate approval, it simply needs to complete and return the form enclosed with this letter. LAW OFFICRS YWVVANAN ON6NDGETLCOM 535 M "I T STR63T 33RD BOOR SAN NuSNCISCO . CALIFORNIA 941954177 THSP1,I01,49 413.7/1-0309 FACSIMILE 41"1.9355 SPQHANSONORIDGM.COM MARIN WOOD m/MID w E SIR FRANCR DRAKE EIYD..AATR JR LARKSMIR • CALIFORNIA 94959 1YISFNONr 415.92S.0400 FACSIMILE 415.1234195 MARIN®NANSONRRIDGCTT.COM n014INYN STREET 5UIr9 1999 SACRAMVA .CAN/OM41A 95914 111LWIOW 914.44"" FACAMIU 9ummmg V4@14A W ONORIDGETrcoM