Ritchie

INTRODUCTION

Deborah and David Ritchie (together the Ritchies)1 entered private property

without permission for a sightseeing expedition to view naturally occurring mud

volcanoes and mud pots near Calipatria, California. As Deborah walked between two

mud volcanoes on apparently solid ground, her left leg suddenly sank into a hot mud pot

and she sustained burn injuries. The trial court granted summary judgment for the

defendant and owner of the property, River Ranch, Inc. (River Ranch), based on the

recreational use immunity provided by Civil Code section 846.

On appeal, the Ritchies contend triable issues of fact exist regarding the

application of an exception to the recreational use immunity statute based on a

landowner's alleged willful failure to warn or guard against a dangerous condition. We

conclude there is no evidence River Ranch willfully failed to warn or guard against a

dangerous condition. Because the recreational use immunity statute precludes liability,

we affirm the judgment.

Because the Ritchies share the same surname, we refer to them individually by first name for clarity. No disrespect is intended.

Further statutory references…