Demurrer to First Amended Complaint
Moving Party: Defendant County of Orange Responding Party: Plaintiff Sean Nealy
Ruling: Defendant County of Orange’s Demurrer to the First Amended Complaint is SUSTAINED without leave to amend.
At the time of the accident, “Plaintiff was riding his bicycle on a marked bicycle trail known as the Wagon Wheel Canyon Trail” owned and operated by Defendant County of Orange. (FAC, page 2, lines 3-5). Pursuant to Gov. Code, § 831.4, the County is immune from liability, injuries caused by a physical defect of a recreational trail. Montenegro v. City of Bradbury (2013) 215 Cal.App.4th 924, 929.
Trail Immunity: Gov. Code, § 831.4 provides that “A public entity, public employee, or a grantor of a public easement to a public entity for any of the following purposes, is not liable for an injury caused by a condition of: (a) Any unpaved road which provides access to fishing, hunting, camping, hiking, riding, including animal and all types of vehicular riding . . .
Hearing Date
June 24, 2019
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Demurrer to First Amended Complaint
Moving Party: Defendant County of Orange Responding Party: Plaintiff Sean Nealy
Ruling: Defendant County of Orange’s Demurrer to the First Amended Complaint is SUSTAINED without leave to amend.
At the time of the accident, “Plaintiff was riding his bicycle on a marked bicycle trail known as the Wagon Wheel Canyon Trail” owned and operated by Defendant County of Orange. (FAC, page 2, lines 3-5). Pursuant to Gov. Code, § 831.4, the County is immune from liability, injuries caused by a physical defect of a recreational trail. Montenegro v. City of Bradbury (2013) 215 Cal.App.4th 924, 929.
Trail Immunity: Gov. Code, § 831.4 provides that “A public entity, public employee, or a grantor of a public easement to a public entity for any of the following purposes, is not liable for an injury caused by a condition of: (a) Any unpaved road which provides access to fishing, hunting, camping, hiking, riding, including animal and all types of vehicular riding . . .