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SHIPMAN v. BOETHING TREELAND FARMS, INC.

No. B126426.

92 Cal.Rptr.2d 566 (2000)

77 Cal.App.4th 1424

Trent SHIPMAN, Plaintiff and Appellant, v. BOETHING TREELAND FARMS, INC., et al., Defendants, Cross-complainants and Respondents, Roberto Tamayo Martinez, Defendant, Cross-Complainant and Appellant.

Court of Appeals of California, Second District, Division Six.

As Modified March 2, 2000.

Review Denied May 17, 2000.

Attorney(s) appearing for the Case

Sherman, Salkow, Petoyan & Weber, Arthur Sherman, Beverly Hills; Jonathan K. Golden, Los Angeles, for Plaintiff and Appellant Trent Shipman.

Liebman & Reiner, John Reiner, Los Angeles, Joseph R. Zamora, Santa Monica, for Defendant, Cross-complainant and Appellant Roberto Tamayo Martinez.

David M. Humiston, Rebecca R. Weinreich and Douglas J. Collodel, Los Angeles, for Defendants, Cross-complainants and Respondents Boething Treeland Farms, Inc. and Boething Family Trust.

GILBERT, P.J.

Plaintiff, a trespasser, drives his all-terrain vehicle (ATV) on private property owned by defendants. His vehicle collides with one driven by defendants' employee. Plaintiffs cause of action against defendants alleges, among other things, negligent operation of a motor vehicle and premises liability.

Here we conclude that the immunity provisions of Civil Code section 846 apply to defendants.1

Trent Shipman...

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