Parish v. Lloyd
Court | California Court of Appeals |
Writing for the Court | GERALD BROWN |
Citation | 82 Cal.App.3d 785,147 Cal.Rptr. 431 |
Parties | Larry E. PARISH et al., Plaintiffs and Appellants, v. Donald W. LLOYD et al., Defendants and Respondents. Civ. 16092. |
Decision Date | 13 July 1978 |
Page 431
v.
Donald W. LLOYD et al., Defendants and Respondents.
[82 Cal.App.3d 786] John M. Urquhart, A.P.C. by John M. Urquhart and Michael F. Boyle, San Diego, for plaintiffs and appellants.
Higgs, Fletcher & Mack by Donald H. Glaser, San Diego, for defendants and respondents.
GERALD BROWN, Presiding Justice.
Larry E. Parish, his wife and daughter, appeal the summary judgment terminating their wrongful death action against Donald W. Lloyd, owner of the land where Lawrence Ray Parish rode and wrecked his motorcycle and died.
Lloyd owns unimproved land in the county which is used by motorcyclists for riding. Its topography includes numerous hazardous ravines. Although Lloyd knew of these conditions, he did not post any warning signs. Lawrence, while riding his motorcycle, plunged 12 feet into a concealed ravine and died from the injuries; his father, Larry, was close by at the time of the accident and suffered emotional distress. [82 Cal.App.3d 787] Summary judgment was granted under Civil Code
Page 432
section 846 1 which exempts a property owner for liability to motorcycle riders who are trespassers or non-paying licenses. Larry claims the statute denies him equal protection under the United States and California Constitutions.The standard for reviewing statutes which allegedly violate equal protection guarantees is: does the distinction drawn by the challenged statute have some rational relationship to a legitimate state purpose? (Schwalbe v. Jones, 16 Cal.3d 514, 517-518, 128 Cal.Rptr. 321, 546 P.2d 1033.) Larry says the classifications set out in section 846 are arbitrary. There is no reason, he argues: to treat trespassers and non-paying invitees differently than those paying consideration, to treat recreational users differently than non-recreational users, to deny liability to certain enumerated recreational users and not to all. In support of his contention Larry cites Brown v. Merlo, 8 Cal.3d 855, 106 Cal.Rptr. 388, 506 P.2d 212, which struck down the guest statute as unconstitutional because the differing treatment of guests and paying riders, automobile guests and other guests was arbitrary and violated equal protection. However, in Brown the court found the differing treatment of different classes of persons did not further the purposes of the guest...
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Hubbard v. Brown, No. S009697
...tort liability. (Pacific Gas & Electric Co. v. Superior Court (1983) 145 Cal.App.3d 253, 256, 193 Cal.Rptr. 336; Parish v. Lloyd (1978) 82 Cal.App.3d 785, 787-788, 147 Cal.Rptr. Contrary to the position of the Court of Appeal, we believe the legislative history of section 846 clearly demons......
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Hoffmann v. Young, S266003
...Dist. v. Superior Court (1983) 33 Cal.3d 699, 707, 190 Cal.Rptr. 494, 660 P.2d 1168, italics omitted, quoting Parish v. Lloyd (1978) 82 Cal.App.3d 785, 787, 147 Cal.Rptr. 431.) Before the statute's enactment, there had been a "growing tendency" among California landowners "to withdraw land ......
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Charpentier v. Von Geldern
...203 Cal.Rptr. 366; O'Shea v. Claude C. Wood Co., supra, 97 Cal.App.3d at pp. 908-909,- 159 Cal.Rptr. 125; Parishish v. Lloyd (1978) 82 Cal.App.3d 785, 787-788, 147 Cal.Rptr. 431; see also Darr v. Lone Star Industries, Inc. (1979) 94Cal.App.3d 895, 903, 157 Cal.Rptr. 90[dis. opn. of [ Evans,......
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Domingue v. Presley of Southern California, No. B028134
...encourage property owners "to allow the general public to recreate free of charge on privately owned property." (Parish v. Lloyd (1978) 82 Cal.App.3d 785, 787, 147 Cal.Rptr. 431.) A developer who grades house pads and streets on its privately owned land does not do so to enable the public t......
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Hubbard v. Brown, No. S009697
...tort liability. (Pacific Gas & Electric Co. v. Superior Court (1983) 145 Cal.App.3d 253, 256, 193 Cal.Rptr. 336; Parish v. Lloyd (1978) 82 Cal.App.3d 785, 787-788, 147 Cal.Rptr. Contrary to the position of the Court of Appeal, we believe the legislative history of section 846 clearly demons......
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Charpentier v. Von Geldern
...203 Cal.Rptr. 366; O'Shea v. Claude C. Wood Co., supra, 97 Cal.App.3d at pp. 908-909,- 159 Cal.Rptr. 125; Parishish v. Lloyd (1978) 82 Cal.App.3d 785, 787-788, 147 Cal.Rptr. 431; see also Darr v. Lone Star Industries, Inc. (1979) 94Cal.App.3d 895, 903, 157 Cal.Rptr. 90[dis. opn. of [ Evans,......
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Domingue v. Presley of Southern California, No. B028134
...encourage property owners "to allow the general public to recreate free of charge on privately owned property." (Parish v. Lloyd (1978) 82 Cal.App.3d 785, 787, 147 Cal.Rptr. 431.) A developer who grades house pads and streets on its privately owned land does not do so to enable the public t......
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Myers v. Atchison, Topeka & Santa Fe Railway Co., No. G007151
...367, 267 Cal.Rptr. 57; Paige v. North Oaks Partners (1982) 134 Cal.App.3d 860, 863, 184 Cal.Rptr. 867; Parish v. Lloyd Page 126 (1978) 82 Cal.App.3d 785, 787-788, 147 Cal.Rptr. When interpreting section 846, a court must give it a reasonable interpretation and application in accord with the......