(a)An owner, including, but not limited to, a public entity, as defined in Section 811.2 of the Government Code, of any estate or any other interest in real property, whether possessory or nonpossessory, shall not be liable to any person for any injury or death that occurs upon that property during the course of or after the commission of any of the felonies set forth in subdivision (b) by the injured or deceased person.
(b)The felonies to which the provisions of this section apply are the following: (1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4)
sodomy by force, violence, duress, menace, or threat of great bodily harm; (5) oral copulation by force, violence, duress, menace, or threat of great bodily harm; (6) lewd acts on a child under the age of 14 years; (7) any felony punishable by death or imprisonment in the state prison for life; (8) any other felony in which the defendant inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant uses a firearm; (9) attempted murder; (10) assault with intent to commit rape or robbery; (11) assault with a deadly weapon or instrument on a peace officer; (12) assault by a life prisoner on a noninmate; (13) assault with a deadly weapon by an inmate; (14) arson; (15) exploding a destructive device or any explosive with intent to injure; (16) exploding a destructive device or any explosive causing great bodily injury; (17) exploding a destructive device or any explosive with intent to murder; (18) burglary; (19) robbery; (20) kidnapping; (21) taking of a hostage by an
inmate of a state prison; (22) any felony in which the defendant personally used a dangerous or deadly weapon; (23) selling, furnishing, administering, or providing heroin, cocaine, or phencyclidine (PCP) to a minor; (24) grand theft as defined in Sections 487 and 487a of the Penal Code; and (25) any attempt to commit a crime listed in this subdivision other than an assault.
(c)The limitation on liability conferred by this section arises at the moment the injured or deceased person commences the felony or attempted felony and extends to the moment the injured or deceased person is no longer upon the property.
(d) The limitation on liability conferred by this section applies only when the injured or deceased person’s conduct in furtherance of the commission of a felony specified in subdivision (b) proximately or legally causes the injury or death.
(e)The limitation on liability conferred by this section arises only upon the charge of a felony listed in subdivision (b) and the subsequent conviction of that felony or a lesser included felony or misdemeanor arising from a charge of a felony listed in subdivision (b). During the pendency of any such criminal action, a civil action alleging this liability shall be abated and the statute of limitations on the civil cause of action shall be tolled.
(f)This section does not limit the liability of an owner or an owner’s agent which otherwise exists for willful, wanton, or criminal conduct, or for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.
(g)The limitation on liability provided by this section shall be in addition to any other available
defense.
Notes of Decisions
Cited in
15
cases (
1 in the last 5 years), 1882–2026 · leading case:
People v. Randle, 111 P.3d 987 (Cal. 2005).
People v. Randle, 111 P.3d 987 (Cal. 2005).
· cites it 2× “(Civ.Code, § 847.) Similarly, the Legislature enacted the Home Protection Bill of Rights in 1984 "`to permit residential occupants to defend themselves from intruders without fear of legal repercussions, to give `the benefit of the doubt in such cases to the resident.”
Ornelas v. Randolph, 847 P.2d 560 (Cal. 1993).
· cites it 2× “In any event, the fact that the Legislature has extended a somewhat broader immunity to the property owner against suits by recreational users than felons (Civ. Code, § 847) does not invalidate the statutory scheme.”
Menard v. CSX Transp., Inc., 698 F.3d 40 (1st Cir. 2012).
“) (citation omitted) (stating Connecticut law). Indeed, the Restatement itself softens the common law rale by yet another variation, creating liability for failure to exercise “reasonable care” for the safety of trespassers when a landowner “knows” or “should know” that…”
Janet Olier v. Donna Bailey, 164 So. 3d 982 (Miss. 2015).
· cites it 2× “12 I believe it is time for this Court to follow the lead of these courts. We should abandon the licensee classification for persons who are invited to come on the property (social guests), regardless of the reason for the invitation, and reclassify them as invitees.”
Blanks v. Seyfarth Shaw LLP, 171 Cal. App. 4th 336 (Cal. Ct. App. 2009).
“” (Civ. Code, § 847.) In contrast, when courts discuss what has come to be called the “judgmental immunity doctrine,” they are actually addressing the factual issue as to whether an attorney breached the standard of care.”
Alexander v. Med. Assocs. Clinic, 646 N.W.2d 74 (Iowa 2002).
· cites it 2× “1541, § 1 (codified at Cal. Civil Code § 847 (West 2002)). *78 In addition to those jurisdictions retreating from a prior, wholesale adoption of negligence principles, eight states refused to change their conventional principles of trespasser liability, even though they…”
Bell v. State of California, 63 Cal. App. 4th 919 (Cal. Ct. App. 1998).
“4 (no liability where public employee acts with due care in execution or enforcement of any law); Government Code section 820.”
Manuel v. Pac. Gas & Elec. Co., 173 Cal. App. 4th 927 (Cal. Ct. App. 2009).
“” 5 Civil Code section 847 deals with a landowner’s immunity from liability to persons who are injured on property while engaged in certain felonious conduct, limiting liability for injuries “that occur upon the property during or after the injured person’s commission of any one…”
Nuno v. Cnty. of San Bernardino, 58 F. Supp. 2d 1127 (C.D. Cal. 1999).
“2d 65 (under Cal.Civ.Code § 847 (property owners immune to tort suits by those injured while committing crimes on their property), a tort plaintiff “may not litigate the facts behind his nolo contendere plea to avoid triggering the [immunity] statute’s application”) with id.”
Plaza Freeway Ltd. P'ship v. First Mountain Bank, 96 Cal. Rptr. 2d 865 (Cal. Ct. App. 2000).
“While in all cases the term serves to identify a class of paper writings, the type of document sought to be included in, or for that matter excluded from, the scope of a particular statutory enactment varies with the purpose that enactment seeks to serve.”
S. Pac. R. v. Doyle, 11 F. 253 (D. Cal. 1882).
“” Civil Code, § 847. And in the title it is provided that “express trusts may be created for any of the following purposes:” (1) “To sell real property, and apply or dispose of the proceeds in accordance with the instrument creating the trusts,” etc.”
Bell v. State of California, 74 Cal. Rptr. 2d 541 (Cal. Ct. App. 1998).
“4 (no liability where public employee acts with due care in execution or enforcement of any law); Government Code section 820.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.