California Civil Code

§ 846.1

CIV § 846.1 Effective Jun 27, 2016Div. 2 · Title 3 · Part 2 · Ch. 2

Statute text

(a)Except as provided in subdivision (c), an owner of any estate or interest in real property, whether possessory or nonpossessory, who gives permission to the public for entry on or use of the real property pursuant to an agreement with a public or nonprofit agency for purposes of recreational trail use, and is a defendant in a civil action brought by, or on behalf of, a person who is allegedly injured or allegedly suffers damages on the real property, may present a claim to the Department of General Services for reasonable attorney’s fees incurred in this civil action if any of the following occurs:

(1)The court has dismissed the civil action upon a demurrer or motion for summary judgment made by the owner or upon its own motion for lack of prosecution.

(2)The action was dismissed by the plaintiff without any payment from the owner.

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Legislative history

Amended by Stats. 2016, Ch. 31, Sec. 8. (SB 836) Effective June 27, 2016.