Shamiryan v. City of Glendale CA2/7

── Shamiryan v. City of Glendale CA2/7 ── Court: California Court of Appeal Date: May 12, 2026 Category: General Filed 5/12/26 Shamiryan v. City of Glendale CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN NORA SHAMIRYAN, B340724 Plaintiff and Appellant, (Los Angeles County Super. Ct. No. v. 23GDCV00069) CITY OF GLENDALE, Defendant and Respondent. APPEAL from a judgment of the Superior Court of Los Angeles County, Ashfaq G. Chowdhury, Judge. Affirmed. Beloryan & Manukyan, Haik Beloryan and Vahe Shakhgeldyan for Plaintiff and Appellant. Michael J. Garcia, City Attorney, Ann M. Maurer, Chief Assistant City Attorney, and Carl B. Arias, Principal Assistant City Attorney, for Defendant and Respondent. _______________________________  Nora Shamiryan tripped and fell due to a sidewalk fault that measured 1.5 inches or less. She sued the City of Glendale. Glendale moved for summary judgment. The trial court found there was no triable issue of material fact on the lack of notice and the fault was trivial as a matter of law. We affirm. FACTUAL AND PROCEDURAL BACKGROUND A. The Underlying Incident and the Complaint Nora Shamiryan has lived in her Glendale neighborhood since approximately 2002 and was familiar with the area. Shamiryan “would walk around 20 minutes to 30 minutes every day,” taking varying routes. On the afternoon of May 24, 2022, Shamiryan left her home to go for a walk. It was a sunny and clear day, and she was “looking straight ahead just in a normal fashion.” About 2:30 p.m. or 3:00 p.m., Shamiryan’s left foot struck a raised portion of the sidewalk near 600 South Street. This caused her to trip and fall forward onto the ground. Shamiryan testified during a deposition that there were “dry leaves” and “dry branches fallen, scattered around.” During the same deposition, Shamiryan testified that there was nothing obstructing her view of the raised sidewalk at the time of the accident and there were no shadows covering the raised sidewalk. In January 2023 Shamiryan filed a complaint alleging negligence and premises liability under Government Code sections 815, subdivision (a), 815.2, and 835 et seq. B. Glendale’s Motion for Summary Judgment After answering the complaint, Glendale moved for summary judgment on the grounds that (1) the offset was too 2 trivial to constitute a dangerous condition and (2) Glendale had no notice of the dangerous condition. In support of its motion, Glendale submitted the declarations of Jesus Valencia, a cement worker finisher, and Matthew Binder, a street crew supervisor, both of whom work for Glendale’s Public Works Maintenance Services Section, which is responsible for maintaining and repairing Glendale streets and sidewalks. Binder oversees the concrete operations department, in which Valencia works, and both assist in investigating claims for damages presented to Glendale. Valencia stated that in November 2022 he visited the sidewalk location where Shamiryan fell. He “identified the offset in that area” and noted that it “did not have any jagged edges or broken pieces.” Valencia measured “the offset at its highest point,” which he recorded as “1 and 1/8 (1.125) of an inch,” and took photographs. That same day, Glendale employees “applied a patch of asphalt to the offset sidewalk to make it sloped.”