ALLAN MERCER VS. SAN FRANCISCO AIRPORT COMMISSION ET AL

Set for Law and Motion/Discovery Calendar on Thursday, August 21, 2025, Line 3. 2 - DEFENDANT CITY AND COUNTY OF SAN FRANCISCO MOTION FOR SUMMARY ADJUDICATION.

Defendant City and County of San Francisco's motion for summary adjudication of plaintiff Allan Mercer's cause of action for premises liability is denied. Though the City's motion asserts that it "did not paint or design" the curb painting pattern which is the allegedly dangerous condition (City's initial memo at 2:6-7), the City does not submit sufficient evidence to establish this fact. As a result, the City fails to satisfy its summary motion burden and its motion is denied on that ground alone. The City's purported undisputed fact 5 that "Hertz is responsible for maintaining, inspecting, repairing, and painting the curb," even if true, does not rule out the possibility that the City created the curb painting pattern.

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