Perry

James Perry, an individual and on behalf of the estate of Jason Perry (James Perry), and Cynthia Perry (collectively plaintiffs), appeal after the trial court granted the motion for summary judgment brought by the East Bay Regional Park District (Park District), Jenny O’Shea, and Mark Pearson (collectively defendants), in this consolidated action for negligence and wrongful death, arising from the drowning death of Jason Perry, the 14-year-old son of James Perry and Cynthia Perry. On appeal, plaintiffs contend the court erred when it found defendants were immune from liability, pursuant to Government Code section 831.7, and granted defendants’ motion for summary judgment. We shall affirm the judgment.

PROCEDURAL BACKGROUND

On January 15, 2003, James Perry filed a first amended complaint against defendants, alleging negligence and wrongful death and, on October 22, 2003, Cynthia Percy filed a first amended complaint against defendants, also alleging negligence and wrongful death.

On or about May 28, 2004, defendants moved for summary judgment, claiming government immunity pursuant to sections 831.7, 831.2, and 831.21.

On August 20, 2004, the trial court granted…