Seibert Security Services, Inc. v. SUPERIOR COURT OF SAN BERNARDINO CTY.

Petitioner Seibert Security Services, Inc. (hereinafter Seibert), a defendant in the action below, seeks reversal of an order denying its motion for summary judgment and/or adjudication of issues. (Code Civ. Proc., § 437c.) Seibert’s contention is that it established, as a matter of law, a complete defense in that plaintiff and real party in interest John Migailo’s action is barred by the so-called “fireman’s rule.” We issued an alternative writ to inquire into the correctness of the trial court’s ruling, and now conclude that petitioner is entitled to the relief sought. Accordingly, we grant the petition.

Statement of Facts

The essential facts of the matter are not in dispute, leaving the issue to be resolved as essentially one of law.

At the time of his injury, Migailo was a police officer employed by intervener (and real party) the City of San Bernardino. He had brought an arrested suspect to the San Bernardino County Hospital for examination of possible injuries. While he was there, a mental patient, defendant Raymond Shyptycki, became abusive towards a Black security officer employed by Seibert, Thomas Grigsby, and a Black police officer. At the time, Shyptycki…

I concur in the majority’s analysis and in the disposition, but feel compelled to comment on two aspects of the majority opinion with which I disagree.

1. Use of the Term “Fireman’s Rule”

Footnote 3 attempts to justify the continued use of the gender specific word “fireman” in the descriptive title “fireman’s rule.” (Maj. opn., ante, p. *417 404.) I respectfully disagree with the continuation of such gender-specific language. In this age of avoiding sexual stereotyping in language, the use of that label is regressive. Consistent with this view are recent opinions—one from the California Supreme Court and two from intermediate appellate courts—which, in their discussion of the rule, use the term “firefighter.” (See Knight v. Jewett (1992) 3 Cal.4th 296, 309, 310, fn. 5 [ 11 Cal.Rptr.2d 2 , 834 P.2d 696 ]; Donohue v. San Francisco Housing Authority (1993) 16 Cal.App.4th 658 [ 20 Cal.Rptr.2d 148 ]; Hacker v. City of Glendale* (Cal.App.).) Further, as the majority recognizes, the Legislature also uses the gender-neutral term “firefighter” in Civil Code section 1714.9.

In my view, the majority’s two rationales for continuing to use the term “fireman” simply make no sense. I address…

Shale F. Krepack, Mark, Bolson, Kuntz & Serembe and Nadine E. Betsworth for Real Parties in Interest.

OPINION

DABNEY, Acting P.J.

Petitioner Seibert Security Services, Inc. (hereinafter Seibert), a defendant in the action below, seeks reversal of an order denying its motion for summary judgment and/or adjudication of issues. (Code Civ. Proc., § 437c.) Seibert's contention is that it established, as a matter of law, a complete defense in that plaintiff and real party in interest John Migailo's action is barred by the so-called "fireman's rule." We issued an alternative writ to inquire into the correctness of the trial court's ruling, and now conclude that petitioner is entitled to the relief sought. Accordingly, we grant the petition.

The essential facts of the matter are not in dispute, leaving the issue to be resolved as essentially one of law.

At the time of his injury, Migailo was a police officer employed by intervener (and real party) the City of San Bernardino. He had brought an arrested suspect to the San Bernardino County Hospital for examination of possible injuries. While he was there, a mental patient, defendant Raymond Shyptycki, became abusive towards a Black…