Toomey
Toomey v. United States
Opinion
Opinion
Coyle, J.
DECISION AND ORDER RE MOTION FOR SUMMARY JUDGMENT
On May 15, 1989 the court heard defendant’s Motion for Summary Judgment. Upon due consideration of the written and oral arguments of the parties, the court now enters its order granting the motion as set forth herein.
The United States moves, pursuant to Rule 56 of the Federal Rules of Civil Procedure, for summary judgment on the ground that there is no genuine issue of material fact. They claim that California Civil Code § 846 applies to them as the owner of real property used for recreational purposes by others, and that they have fulfilled their duty of due care as to the premises’ safety.
7. Statement of Facts.
On October 16, 1985 plaintiff was riding his motorcycle on public lands surrounding the Desert Tortoise Natural Area (“DTNA”) located in Kern County. The area consists primarily of desert and low scrub vegetation. While the DTNA was formally closed to vehicles in 1980 under the Desert Conservation Area Plan, the public lands surrounding the DTNA are designated as “limited use” areas, i.e., vehicles are allowed only on existing routes of travel unless otherwise posted. Cross-country and off-trail travel is not…