Mercer

Appellant/plaintiff Steven Dale Mercer challenges the dismissal of his personal injury lawsuit against respondent/defendant State of California following the granting of respondent’s motion for summary judgment. The motion was made on the ground that the case fell within the purview of Government Code section 831.2, which immunizes public agencies from claims for injuries sustained on unimproved public lands. We affirm.

Background

Respondent owns and manages Pismo State Beach. The park’s natural resources offer a variety of recreational activities including swimming, hiking, camping and off-road driving. The use of off-road vehicles is confined to one area of the park, called the Pismo Dunes State Vehicular Recreation Area, wherein are contained natural, “unstabilized” or “active” sand dunes. The dunes’ configuration is constantly changed by ocean winds. Although their size and shape may vary from day to day or hour to hour, they are commonly characterized by a long sloping side facing the ocean with an opposite, steep “slipface” or “drop-off” side.

About 1:30 one morning, appellant entered the park with two friends. Each was riding a three-wheel all-terrain vehicle.…