California Legal Brief

AI-Generated Practitioner Briefs of California Appellate Opinions

open and obvious

1 opinion tagged “open and obvious”

Pagan v. City of San Rafael 3/12/26 CA1/2

The Rule of Pagan v. City of San Rafael is that a public entity is entitled to summary judgment on dangerous condition claims when the alleged dangers are open and obvious to users exercising due care, under circumstances where the plaintiff cannot establish liability through expert testimony that relies on unpleaded theories of liability, inadmissible hearsay, speculation without foundation, and legal conclusions about regulatory compliance.