Blakley

Donald Blakley, plaintiff below, appeals a judgment entered in favor of defendant and respondent State of California following an order granting the latter’s motion for summary judgment. Blakley contends that a triable issue of fact exists bearing on the state’s liability and that he should be allowed to proceed with his suit. We are of the opinion, however, that the state either does not own the property in question or is immunized by Civil Code section 846 and accordingly affirm the judgment of the trial court.

On April 16, 1974, plaintiff and some friends drove to the area in Hayward known as “Cactus Cliff.” A cousin of one of the people in the group was visiting from Los Angeles and the purpose of the trip was to show her the view. The group drove up Hillary Street and turned onto a dirt lane (Hill Court) which led to the cliff and parked at the dead end.

After a few minutes of conversation, some of the young men walked over toward the cliff and began throwing rocks over the cacti, trying to hit a metal building below which housed the Village Church, a named defendant with whom plaintiff apparently settled. The rock throwing angered another group of adolescents who…