Ds J.D. McGrath Farms and Longford Partners (collectively "McGrath Ds") move for SJ. The motion is based upon the declaration of a professional surveyor, who has mapped boundary lines (McKellar decl., at ex. "D"); and a series of initially unauthenticated and unhighlighted (C.f., CRC 3.1116(c)) deposition transcripts (McGrath Ds' "Index", at exs. "E"-"H"), including its own principal and its employee, in lieu of their own declarations. The McGrath Ds contend that they are shielded by the "recreational use" immunity of Civil Code § 846; that the McGrath Ds could not have added safety features to the railroad crossing even if they wanted to; and that they have no duty to protect people from injury on another property.
After the Court issued its tentative ruling, the McGrath defendants submitted a timely reply which shored up the deficiencies of its evidence and formatting. The Court is obligated to consider these (Villa v. McFerren (1995) 35 Cal. App. 4th 733, 751), and deems them suffic