Hamilton

1. Introduction

Plaintiff appeals from a summary judgment entered in favor of defendants Ronald Martinelli (Martinelli) and Martinelli & Associates Justice Consultants, Inc. (Martinelli & Associates) (collectively defendants), on plaintiff’s complaint for personal injuries based on negligence and intentional tort. We affirm.

Plaintiff was employed as a probation corrections officer and peace officer with the San Bernardino County Probation Department (the Department). As a condition of her employment, she was required to participate in an “Unarmed Defensive Tactics” (UDT) training course. Defendant Martinelli instructed the course on behalf of Martinelli & Associates. Plaintiff suffered injuries to her neck and back while performing a training maneuver. As a result, she is no longer able to work as a probation corrections officer or peace officer.

The trial court concluded that the doctrine of primary assumption of risk barred plaintiff’s negligence and intentional tort claims, and that Civil Code section 1714.9, which sets forth specific exceptions to the firefighter’s rule, did not apply. The trial court reasoned that “the undisputed facts establish that defendants]…