The Court of Appeal reiterated that abutting property owners have no tort duty to repair public sidewalks or indemnify municipalities unless they created the defect or exercised control over the sidewalk.
On September 29, 2025, the Second District Court of Appeal issued an opinion in Bean v. City of Thousand Oaks (B338497), holding that a co-defendant with an adverse interest can oppose a motion for summary judgment without having filed a cross-complaint against the moving party.
Plaintiff Bonnie Bean tripped and fell on a raised section of sidewalk in front of a Ventura County residence. She sued both the City of Thousand Oaks and Gina Goode, the owner of an adjacent property, alleging that tree roots from Goode’s yard caused a sidewalk defect.