Domingue

I dissent.

Plaintiff appeals from a summary judgment entered in favor of defendant. Plaintiff, a minor, 1 suffered a broken wrist while riding his bicycle on defendant’s property. The complaint alleged causes of action for premises liability and general negligence. Summary judgment was predicated on Civil Code section 846 (hereafter section 846), which substantially limits the duty of care owed by a landowner to persons who permissively use property free of charge for designated recreational purposes. (Delta Farms Reclamation Dist. v. Superior Court (1983) 33 Cal.3d 699, 704 [ 190 Cal.Rptr. 494 , 660 P.2d 1168 ].) Among those purposes is recreational bicycle riding. (§ 846.)

*1072 Plaintiff contends that defendant is not entitled to the protection afforded by section 846 because (1) defendant’s land fell within a judicially recognized exception to the statute applicable to property unsuitable for recreational purposes; and (2) defendant’s conduct fell within the statutory exception for “willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity.” For the reasons discussed below, I find plaintiff’s contentions to be without merit and…

McCLOSKY, Acting P.J.

Appellant Nicholas Domingue appeals from summary judgment entered in favor of respondent Presley of Southern California in appellant's suit for personal injury based upon premises liability and general negligence. Summary judgment was predicated on Civil Code section 846.

Appellant contends: "A. The trial court improperly determined Civil Code § 846 immunized defendant from liability to recreational user when injured on a construction project on defendant's land. B. Defendant is liable to plaintiff for willful failure to guard or warn against a dangerous condition, use or structure on defendant's land. C. Respondent/defendants [ sic ] have not shown undisputed material facts entitling them to a summary judgment."

Appellant, a minor, was injured in March 1985, when he rode his bicycle off a six-foot drop in a graded area of property belonging to respondent. Appellant alleged two causes of action, the first for negligence. He alleged in effect that respondent was negligent in failing to guard, fence, take reasonable precautions or warn of the dangerous condition of the area, knowing that appellant and other children rode their bicycles on the site.…

Appellant Nicholas Domingue appeals from summary judgment entered in favor of respondent Presley of Southern California in appellant’s suit for personal injury based upon premises liability and general negligence. Summary judgment was predicated on Civil Code section 846.

Appellant contends: “A. The trial court improperly determined Civil Code § 846 immunized defendant from liability to recreational user when injured on a construction project on defendant’s land. B. Defendant is liable to plaintiff for willful failure to guard or warn against a dangerous condition, use or structure on defendant’s land. C. Respondent/defendants [s/c] have not shown undisputed material facts entitling them to a summary judgment.”

*1063 Appellant, a minor, was injured in March 1985, when he rode his bicycle off a six-foot drop in a graded area of property belonging to respondent. Appellant alleged two causes of action, the first for negligence. He alleged in eifect that respondent was negligent in failing to guard, fence, take reasonable precautions or warn of the dangerous condition of the area, knowing that appellant and other children rode their bicycles on the site. In his second cause…