California Court of Appeal

The California Public Utilities Commission's petition for a writ of mandate challenging the trial court's denial of a motion for summary adjudication in a wrongful death action arising out of a fatal accident at a railroad crossing is granted and the trial court's order denying the motion set aside as, decisional law supports the conclusion that a public entity' 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.

Appellate Information

• Decided 01/26/2010
• Published 01/26/2010

Judges

• WILLHITE, Acting P. J.

Court

• California Court of Appeal

Counsel

• 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 Petitioner., Union Pacific Law Department, Adrian L. Randolph and Michael L. Johnson;  Randolph Cregger & Chalfant and Joseph P. Mascovich for Real Party in Interest Union Pacific Railroad Company.


• For Appellees:
  
• No appearance for Respondent.