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CITY OF MORENO VALLEY v. SUPERIOR COURT OF RIVERSIDE COUNTY

E047606

CITY OF MORENO VALLEY, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; JUSTIN FITCH, Real Party in Interest.

Court of Appeals of California, Fourth Appellate District, Division Two

Not to be Published in Official Reports

Attorney(s) appearing for the Case

Bell Orrock & Watase, Stanley O. Orrock, Michael A. Fortino; Robert D. Herrick, City Attorney, Robert L. Hansen, Assistant City Attorney, Steve Hardman, Deputy City Attorney; Greines, Martin, Stein & Richland and Timothy T. Coates for Petitioner.

No appearance for Respondent.

Kirby, Kirby and Kirby, Steven C. Kirby, Aimee E. Kirby; The Traut Law Firm and Eric V. Traut for Real Party in Interest.

OPINION

HOLLENHORST, Acting P.J.

This is a personal injury action arising out of an automobile versus motorcycle accident involving real party in interest Justin Fitch while he was riding on streets, and at an intersection, owned or controlled by petitioner City of Moreno Valley (the City). The City demurred and moved to strike. Both motions were based on the legal theory that, contrary to real party in interest's allegations, there was no actionable "dangerous...

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