Valladares v. Stone

Opinion

SCOTLAND, J.

In this appeal from a judgment entered after the granting of defendant’s motion for summary judgment, 1 we hold that Civil Code section 846, which provides that an owner of any estate or interest in real property owes no duty of care to keep the premises safe for those who enter or use the property for recreational purposes without express invitation or payment of a fee, applies to a person who is injured while climbing and playing in a tree on a vacant lot in a residential neighborhood. 2

As discussed more fully below, the fact that tree climbing is not included in the list…