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MILLER v. WEITZEN

No. D044911.

35 Cal.Rptr.3d 73 (2005)

133 Cal.App.4th 732

Marilyn J. MILLER, Plaintiff and Appellant, v. Jeffrey WEITZEN et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

October 20, 2005.

Attorney(s) appearing for the Case

Law Offices of Kim James Kakadelas, Kim James Kakadelas, Carlsbad; Law Offices of David R. Miller and David R. Miller, Fullerton, for Plaintiff and Appellant.

Lucas, Boyer & Haverkamp, Stephen D. Lucas, San Diego, and Patricia Jo Custer for Defendants and Respondents.

Certified for Partial Publication.*

IRION, J.

Marilyn 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 Code1 section 846, which immunizes property owners from liability arising from the recreational use of their property,...

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