## Facts

- Plaintiffs were injured when a southbound vehicle crossed a dirt center divider on U.S. Highway 101 near the Arroyo Hondo Bridge and struck their northbound vehicle head-on.
- Plaintiffs sued the other driver and the state transportation agency, alleging the agency maintained public property in a dangerous condition.
- Plaintiffs used an official Judicial Council form complaint and provided only a brief description of the collision and location.
- The pleading did not describe the alleged dangerous condition (beyond the conclusion that it existed) or identify acts/omissions by the agency establishing statutory liability.

## Issues

1. Whether an official Judicial Council form complaint is immune from demurrer.
2. Whether a form complaint alleging “dangerous condition of public property” states a claim under Government Code section 835 when it provides only a bare accident description and conclusory assertions of dangerousness.

## Decision

- The Court of Appeal granted writ relief directing the trial court to vacate its order overruling the demurrer.
- The court held that Judicial Council form complaints are subject to demurrer if the facts stated do not constitute a cause of action.
- The court ordered the demurrer sustained with leave to amend because the complaint, as completed, did not plead facts sufficient to state a claim under Government Code section 835.

## Legal Principles

- Use of a Judicial Council pleading form satisfies statutory pleading format requirements only to the extent the form is completed with facts that state a cause of action.
- A complaint must allege facts, not merely legal conclusions, sufficient to satisfy Code of Civil Procedure section 425.10.
- To plead public-entity liability for a dangerous condition under Government Code section 835, a plaintiff must allege facts showing: (1) a dangerous condition of public property, (2) a foreseeable risk of the kind of injury suffered, and (3) causation plus either (a) creation of the condition by a negligent/wrongful act or omission of a public employee, or (b) actual or constructive notice in time to protect against the condition.
- Allegations must fairly apprise the public entity of the factual basis for liability; stating only that property was “dangerous” without identifying the condition and the public entity’s statutory basis for responsibility is insufficient.

## Conclusion

The court required that even when plaintiffs use an official Judicial Council form, they must plead enough factual content to satisfy the elements of a dangerous-condition claim against a public entity; conclusory form allegations remain vulnerable to demurrer, and plaintiffs must amend to specify the condition and the basis for statutory liability.


People ex rel. Dep’t of Transp. v. Superior Court, 5 Cal. App. 4th 1480, 7 Cal. Rptr. 2d 498 (Ct. App. 1992)