City of Santa Cruz v. Superior Court

The City of Santa Cruz (City) petitions for writ review under Code of Civil Procedure section 437c, subdivision (/), after the trial court denied City’s request for summary judgment based on natural condition immunity, Government Code section 831.2, and immunity of emergen cy medical technicians, Health & Safety Code section 1799.106. We have concluded the trial court should have granted City’s motion.

Record

Plaintiff and real party in interest, Ramiro Magana, Jr., became a quadriplegic as a result of his dive into the San Lorenzo River in the City of Santa Cruz on April 3, 1985, at a point about 200 yards up river from the surf line at Santa Cruz beach. Although depositions of Magana and of three eyewitnesses give somewhat different versions of what may have occurred, all versions concur that Magana ran or walked into the water with some friends, attempted a dive from a standing position and, apparently, struck his head on a submerged object (probably a sandbar) and injured his spine. At least one witness saw children standing in a place where the water came up about to their knees. The lifeguard assigned to the area said in his deposition that he was elsewhere…