Nazar

Plaintiff Robert Nazar, Jr., appeals from a summary judgment entered in favor of defendants E. O. Rodeffer, dba Rodeffer Investments, and Dewain R. Butler. Summary judgment was predicated on Civil Code section 846 which immunizes landowners from liability for negligence to persons who enter their property for recreation without express invitation and without payment of a fee.

On April 13, 1983, plaintiff was injured in a motorcycle accident that occurred on real property owned by defendants and located immediately west of the 605 Freeway and south of Beverly Boulevard. Plaintiff had entered defendants’ property for the recreational purpose of riding motorcycles. The property was a vacant lot unimproved with the exception of a concrete drainage ditch. The accident occurred when plaintiff drove his motorcycle into the ditch which traversed the property and which was obscured by weeds and other vegetation.

On December 1, 1983, plaintiff filed a complaint for personal injuries against defendants Rodeffer and Butler as well as the State of California and the County of Los Angeles. Neither the State of California nor the County of Los Angeles is a party to this appeal.

In…