Wood

In this wrongful death and survival action, plaintiffs appeal from demurrers sustained in favor of the State of California (State), the County of San Joaquin (County), and the City of Lodi (City) (collectively, the public entities).

A motorboat struck the decedents while they were fishing from their canoe. The pivotal issue is whether fishing from a canoe tethered near the shore of a public waterway which is also used by powerboats is considered “boating” under the “hazardous recreational activity” immunity statute. (Gov. Code, § 831.7.) This statute immunizes public entities from liability for injuries suffered by participants in a “hazardous recreational activity” on public property, and lists several such activities including “boating.” (§ 831.7, subds. (a), (b)(3).) We conclude the decedents were boating when they suffered their injuries and that section 831.7 applies in favor of the public entities. here. Consequently, we affirm.

BACKGROUND

On June 25, 2000, Thomas Farnsworth and his son, Tommy, were fishing from a canoe anchored a few feet from the shoreline of the Mokelumne River at or near the mouth of Lodi Lake. A motorboat towing a water-skier collided with…