Swann

Ocean just offshore from the private beach owned by the Cyprus Shore Community Association in San Clemente include riptides, submerged rocks and a hazardous drop-off. A friend of a guest at a beach party was badly injured in that surf, and brought this lawsuit against the association and the homeowner who allowed the beach party to take place, charging them with failing to warn him of these hazards.

We affirm the summary judgment in favor of the association, The owners of a private beach do not own or control the ocean, and they are not responsible for injuries that take place in that ocean. “A defendant cannot be held liable for the defective or dangerous condition of property which it did not own, possess, or control.” (Isaacs v. Huntington Memorial Hospital (1985) 38 Cal.3d 112, 134 [ 211 Cal.Rptr. 356 , 695 P.2d 653 ].)

Facts

The Cyprus Shore Community Association owns a stretch of beach in San Clemente and allows members of certain residential communities along the beach to use it. One of these communities is Cypress Pointe. Paul and Madeline Olivier are members of Cypress Pointe. Sometime in July 1990 Paul Olivier invited an acquaintance, Julie Beauchat, to use…