Low v. City of Sacramento

In Low v. City of Sacramento (1970) 7 Cal. App. 3d 826, the plaintiff fell into a water-filled depression in a parking strip outside a hospital owned and operated by the County of Sacramento (the County). The trial court ruled as a matter of law that the parking strip was owned by the City of Sacramento and controlled by the County. Upon a jury verdict against both the City of Sacramento and the County, the County sought reversal of the judgment. The Third District looked to whether the County "had control, in the sense of power to prevent, remedy or guard against the dangerous condition; whether its ownership is a naked title or whether it is coupled with control; and whether a private defendant, having a similar relationship to the property, would be responsible for its safe condition." ( Id. at pp. 833-834.) The court recognized that the city held the street easement, and the County held the underlying fee to the parking strip, but that each had control, the City of Sacramento as holder of the public easement, and the County as the abutting owner. Thus, the County maintained the grassy surface of the parking strip, but allowed it to deteriorate.