Case Name: Mernyk v. City of Palo Alto
Case No.: 2015-1-CV-278985

Defendant City of Palo Alto (the “City”) moves for summary judgment in its favor and against plaintiff Jenny Wen-Mernyk (“Plaintiff”).

After full consideration of the evidence, separate statements and authorities submitted by each party, the Court makes the following rulings:

The City’s motion for summary judgment is GRANTED. The City has met its initial burden by submitting evidence which demonstrates that that the uneven pavers at the Webster Street garage in downtown Palo Alto constituted a trivial defect as a matter of law and thus do not qualify as a dangerous condition of public property. (The City’s Separate Statement of Undisputed Material Facts Nos. 2, 7-10; Declaration of Oscar Godinez, ¶¶ 5, 6.) In her opposition, Plaintiff fails to raise a triable issue of material fact in this regard. As the City has successfully negated a required element of Plaintiff’s claims and she has not demonstrated the existence of a triable issue of material fact, summary judgment in the City’s favor is appropriate.