Blakley v. State of California

Opinion

DEARMAN, J.

*

Donald Blakley, plaintiff below, appeals a judgment entered in favor of defendant and respondent State of California following an order granting the latter’s motion for summary judgment. Blakley contends that a triable issue of fact exists bearing on the state’s liability and that he should be allowed to proceed with his suit. We are of the opinion, however, that the state either does not own the property in question or is immunized by Civil Code section 846 and accordingly affirm the judgment of the trial court.

On April 16, 1974, plaintiff and some friends drove to the area in Hayward known as “Cactus Cliff.” A cousin of one of the people in the group was visiting from Los Angeles and the purpose of the trip was to show her the view. The group drove up Hillary Street and turned onto a dirt lane (Hill Court) which led to the cliff and parked at the dead end.

After a few minutes of conversation, some of the young men walked over toward the cliff and began throwing rocks over the cacti, trying to hit a metal building below which housed the Village Church, a named defendant with whom plaintiff apparently settled. The rock throwing angered another group of adolescents who were parked in the parking lot. They soon came up to the top of the cliff and started a fight.

During the melee, plaintiff was pushed over the edge of the cliff, causing him severe and permanent injuries.

Undisputed evidence shows that Hill Court was originally proposed in a subdivision map filed by Suburban Development Company, a private developer, in 1927. In 1928, the Alameda County Board of Supervisors

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rejected the developer’s dedication of the court for public use and the lane and cul de sac remained unimproved.

At some point between then and now, the downward-sloping hill at the end of the cul de sac was quarried and abandoned, leaving a precipitous drop which is now known as Cactus Cliff.

In the mid-1960s, defendant Village Church acquired certain property bordering the land and cul de sac. Deposition testimony and declarations of James Drake, a civil engineer, and Richard Bower, a professional land surveyor, showed unequivocally that Cactus Cliff is located entirely on Village Church property. The nearest state property, which runs along one side of Hill Court to its entrance, is 60 to 80 feet from the point where plaintiff was pushed. Drake and Bower based their opinions on a search of state records, county records, and actual surveys performed at the site by a crew which Drake supervised.