5DCA Oral Argument - 2026/02/04 - Feb 04, 2026
argument5DCA Oral Argument - 2026/02/04
California Fifth District Court of Appeal
50 min
3 chapters
transcribed 7 days ago
official recording ↗
Transcript
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What are the opening remarks and case introductions for Nunez v. Department of Transportation?
Good morning. Please be seated.
Nice to see everyone. Let's call the first matter of Nunez v. Department of Transportation. Please state your appearances.
I'll read it again to you for our panel.
Mayor Nakashima for responding. Thank you. I believe you both requested 15 minutes. Did you wish to reserve some portion of that time? Okay. We'll watch the clock and then ask that you do the same. There's a clock up on the podium. We're very familiar with the facts of this case, and we'll just ask that you keep that in mind during the argument. And with that said, please proceed.
Good
morning, Your
Honors. Valerie McGinty for Appellant. This case at bottom is a burden-shifting case, and Caltrans, we submit, never cleared the first step. To obtain summary judgment, of course, Caltrans had to either negate a dangerous condition as a matter of law or establish design immunity with substantial evidence of reasonableness. It did neither. Its motion ultimately relied on a single expert declaration offering conclusory assurances that there was no dangerous condition and that the design was reasonable, all the while remaining silent. on accident history, traffic volume, crosswalk density, and the absence of pedestrian-activated warnings that would have prevented this accident. Under the Lane and Cole cases cited in our briefs, not addressed by a respondent, that silence means that the burden never shifted.
When we look at design immunity as well, that does not change the analysis for the state. The Levin and Davis cases make clear that substantial evidence requires more than saying that the design was approved and complied with standards. It requires an explanation of why the design was reasonable in light of known risks. And Caltrans expert did not provide this explanation. And I want to turn first, if I may, to dangerous conditions specifically. As we have argued in our briefs, Caltrans failed to carry its burden to negate a dangerous condition, and it admits by its silence the applicability of Cole v. Town of Los Gatos and Lane v. Sacramento, two cases reversing summary judgment, whereas here the defendant failed to negate a dangerous condition.
And just to remind ourselves some of the highlights, of course, so what did Caltrans present Obviously, this Court is very familiar with the record. Of course, there were six engineers, but five of them collectively declared merely that they were custodian of records and the plans was designed and approved by Caltrans. Only one engineer, Nazir Lalani, pined on the objective reasonableness and safety of the plans. And in Leilani's 36-page declaration, he merely offered the conclusory opinion that the dangerous condition... that there was, excuse me, was no dangerous condition because it was in conformity with state standards. This court has repeatedly reaffirmed the settled principle that, quote, when an expert's opinion is purely conclusory and unaccompanied by a reasoned explanation, it has no evidentiary value.
Caltrans ignored the operational history of this intersection despite the fact that Lalani, as he declared, was actually retained to evaluate the operational history of this intersection. And then, of course, we turn to the lay testimony that Caltrans itself submitted in support of its motion, which only served to show that the intersection was, in fact, in a dangerous condition, including deposition testimony by the plaintiff that stated that, oh, yes, I've crossed here about 20 times previously and have almost been hit before, and I've had trouble with having cars stop. And so that only reinforced the notion that the intersection was, in fact, in a dangerous condition, as well the testimony of witness Karen Hansen, who had said,
oh yes, I've previously had to stop all of a sudden because I saw a pedestrian. And so that was evidence that was submitted by Caltrans. Turning to those two authorities that I mentioned, the Cole and Lane cases, in Cole versus Town of Los Gatos, the 6th District held that the defendant quote, presented no cogent argument on the question whether plaintiff could establish a dangerous condition of public property and thus failed to carry its burden of negating a dangerous condition as a matter of law.
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Chapters
3 chapters
1
What are the opening remarks and case introductions for Nunez v. Department of Transportation?
0:01–16:22
2
How does counsel argue that Caltrans failed to meet its burden on dangerous conditions?
16:22–40:57
3
What evidence does the appellant cite to show design immunity was not supported by substantial evidence?
40:57–50:24