Rucker

I. INTRODUCTION

As part of her training for a half-marathon, plaintiff Shanna Rucker was jogging on property owned by WINCAL LLC (owner) when she encountered a homeless encampment that blocked her path. To avoid the encampment, she ran onto the street’s bicycle lane, where she was struck and injured by a car. Plaintiff sued owner for negligence and premises liability. The trial court granted owner’s motion for summary judgment, concluding, among other things, that because plaintiff was engaged in a recreational use of the property within the meaning of Civil Code section 846, subdivision (a), 1 owner did not owe her a duty of care. We affirm. Jogging to train for a foot race is an activity in which one engages for a “recreational purpose” under section 846; and a property owner generally owes no duty of care to those who enter or use its property for such an activity.

All further statutory references are to the Civil Code.

II. BACKGROUND

A. The Incident

At around midnight on November 9, 2016, plaintiff, as part of her preparation for a half-marathon, went for a six-mile jog. Plaintiff’s planned route began and ended at her home and passed through the west side…