Gomez v. Padre Dam Municipal Water Dist.
Plaintiff Susan Gomez appeals from a judgment in favor of defendant and respondent Padre Dam Municipal Water District (District), entered after the court sustained District's demurrer to Gomez's first amended complaint without leave to amend. The principal issue in this recreational use of property case is whether the trial court properly sustained the demurrer on the grounds that District was immune from liability under Government Code[1] section 831.4, subdivision (b). We affirm the judgment.
Factual and Procedural Background
On August 13, 2010, Gomez filed a government tort claim with District alleging she was injured on a "paved pathway" within Santee Lakes recreational park, a public property owned by District. Gomez was walking on the "paved pathway" when she stepped into a pothole and sustained significant injuries. District rejected her claim on August 16, 2010.
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