ASTENIUS

Plaintiffs are children of a woman who died in an accident on a trail within a recreational area owned and operated by the State of California. We conclude the state is immune from liability under Government Code section 831.4. We affirm the judgment entered following the trial court’s sustaining of the state’s demurrer.

FACTS

Tammy Geary died from injuries received while driving an off-highway vehicle (OHV) in the Hungry Valley State Vehicular Recreation Area (Hungry Valley). Hungry Valley is owned and operated by the California Department of Parks and Recreation. Guardians ad litem for two sets of Geary’s children by prior marriages filed separate wrongful death suits against the state. The substantive allegations of the complaints are identical. The actions were consolidated.

The complaints allege as follows:

Prior to 1980, Hungry Valley was unimproved and not regulated or maintained by the state. Nevertheless, it was well known and widely used for OHV recreation. Beginning in the early 1980’s, the state developed Hungry Valley by planning, grading, mapping, marking, inspecting and rating trails. The state also developed campgrounds, a ranger station and visitor’s…