Giannuzzi

Plaintiff Anthony Giannuzzi seeks damages for injuries he suffered while riding his motorcycle on a trail within the Carnegie State Vehicular Recreation Park which is owned and operated by defendant State of California. According to plaintiff’s first amended complaint, on Christmas Eve of 1990 he was riding his motorcycle on “an established dirt trail leading over the top of ... an unimproved hill in the park,” unaware that the state had moved quantities of dirt, thereby forming “large, loose dirt pilings at the bottom of this hill . . . directly in the path of the previously established trail.” Plaintiff suffered injuries “as a result of an attempt to avoid the dirt pilings left directly in the path of the established trail.” The state’s actions changed the “natural condition,” “configuration and direction of the established dirt trail, resulting in a dangerous condition of the public property” within the meaning of Government Code section 835.

A general demurrer by the state on the ground it was immune from liability by virtue of section 831.4, was sustained without leave to amend. Plaintiff’s appeal challenging the propriety of that ruling requires construction of…