Legal Opinion
Miller v. Weitzen
California Court of Appeal
Decided October 20, 2005No. D044911PublishedCited by 5 opinions
[CERTIFIED FOR PARTIAL PUBLICATION†]
1Opinion of the Court
Opinion
IRION, J.
Marilyn J. Miller was injured when the horse she was riding slipped on a portion of a public riding trail that crosses over the driveway of Janice and Jeffrey Weitzen (together the Weitzens). In this appeal, we must determine whether Civil Code 1 section 846, which immunizes property owners from liability arising from the recreational use of their property, applies to protect the Weitzens and, if so, whether the statutory exception for persons who enter property “for a consideration” is triggered by Miller’s payment of trail maintenance fees to her riding club. In addition, we…
2Cases cited15 opinions
- Moyer v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1973
- People v. PoseyCalifornia Supreme Court · 2004
- Ornelas v. RandolphCalifornia Supreme Court · 1993
- Delta Farms Reclamation District v. Superior CourtCalifornia Supreme Court · 1983
- Gary Thompson, an Incompetent, by Charles F. Thompson, His Guardian Ad Litem v. United StatesCourt of Appeals for the Ninth Circuit · 1979
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3Cited by5 opinions
- Prince v. Pacific Gas & Electric Co.California Supreme Court · 2009
- Feitelberg v. Credit Suisse First Boston, LLCCalifornia Court of Appeal · 2005
- Albertson v. Fremont CountyDistrict Court, D. Idaho · 2011
- Monroe v. Yurosek Farms CA5California Court of Appeal · 2014
- Spence v. United StatesDistrict Court, E.D. California · 2009