Holder v. City of Santa Ana

In Holder v. City of Santa Ana (1962) 205 Cal. App. 2d 194, the allegedly dangerous condition was the placement of an unfilled sandbox beneath a tree on which children frequently climbed and from which children frequently fell. (205 Cal. App. 2d at p. 196.) The trial court sustained the city's general demurrer and dismissed the action. (Id., p. 195.) The appellate court reversed, finding that whether a dangerous condition existed under those circumstances was a question of fact. (Id., p. 201.) In reaching that conclusion, the court noted "that the actual use made of the property of a public agency, with the latter's knowledge, which has become established, as distinguished from casual, is within the sphere of the anticipated use of that property which must be considered in determining whether its condition involves an unreasonable risk of danger or hazard." (Id., p. 198.)