Opinion
No. A144351.
03-13-2017
THE PEOPLE, Plaintiff and Respondent, v. DEYANIRA CUIRIZ, Defendant and Appellant.
[Modification of opinion (8 Cal.App.5th 1118; ___ Cal.Rptr.3d ___), upon denial of rehearing.]
THE COURT. — IT IS ORDERED that the opinion filed herein on February 22, 2017, be modified as follows:
1. On page 11, the first full paragraph, beginning with the fourth sentence [8 Cal.App.5th 1130, advance report, 1st partial par., lines 4-11], "While parents were present" through the end of that paragraph ending with "during these practices" delete and replace it with the following so it reads:
"There are allegations that some parents were present at some games, social events, and practices, but these allegations do not state whether parents were present for the entire game, social event, or practice. Moreover, there are no allegations that all, or even a majority, of the parents were present at all soccer-related activities. Thus, as in the school, daycare, and scouting settings, defendants, through the coaches, acted as "quasi-parents" by assuming responsibility for the safety of the players whose parents were not present."
2. On page 12, the second full paragraph, [8 Cal.App.5th 1130, advance report, 2d full par., line 15], delete the last sentence beginning with "Similarly, here" and replace it with the following sentence so the sentence reads:
"Similarly, here, parents entrusted their children to defendants with the expectation that they would be kept physically safe and protected from sexual predators while they participated in soccer activities."
There is no change in the judgment.
The petition for rehearing is denied.