Hemady v. Long Beach Unified School Dist.

Full title: JANE HEMADY, a Minor, etc., et al., Plaintiffs and Appellants, v. LONG…

Court: California Court of Appeals, Second District, Third Division

Date published: Oct 30, 2006

No. B184274 (Cal. Ct. App. Oct. 30, 2006)

Opinion

Page 1557l

143 Cal.App.4th 1557l __ Cal.Rptr.3d __ JANE HEMADY, a Minor, etc., et al., Plaintiffs and Appellants, v. LONG BEACH UNIFIED SCHOOL DISTRICT et al., Defendants and Respondents. B184274 California Court of Appeal, Second District, Third Division October 30, 2006

Super. Ct. No. NC031047

THE COURT.

It is ordered that the opinion filed herein on September 28, 2006 (143 Cal.App.4th 566; __ Cal.Rptr.3d __), be modified as follows:

1. On page 7 [143 Cal.App.4th 573, advance report, 3d full par., last sentence] line 6, the last sentence of the first full paragraph beginning "As explained in," including the citation ''Id. at p. 740," is deleted and replaced with the following sentence and citations:

"It is for the court to decide whether an activity is an active sport, the inherent risks of that sport, and whether the defendant has increased the risks of the activity beyond the risks inherent in the sport. " American Golf Corp. v. Superior Court (2000) 79 Cal.App.4th 30, 37 [93 Cal.Rptr.2d 683]; see also Ford v. Polaris Industries, Inc. (2006) 139 Cal.App.4th 755, 771 [43Cal.Rptr.3d 215].)

2. On page 10 [143 Cal.App.4th 576, advance report, 3d full par., line 4], line 14, under heading No. 3, the citation to Shin v. Ahn, supra, 141Cal.App.4th at p. 737, is deleted.

There is no change in judgment.