Barnhart

Barnhart v. Cabrillo Community College

Good Law
1999 Cal. App. LEXIS 1052·76 Cal. App. 4th 818·90 Cal. Rptr. 2d 709·99 Daily Journal DAR 12203·99 Cal. Daily Op. Serv. 9492
Court of Appeal of CaliforniaDecember 2, 1999H019287California3,448 words

Opinion

Opinion

Premo, J.

Plaintiffs Roy Dewey Barnhart III, Masao Drexel, and Robert Zamora sued defendants Cabrillo Community College and Jason Rene Larrieu for personal injuries suffered in an automobile accident. The accident occurred while Cabrillo’s employee, Larrieu, was driving plaintiffs from the college to Fresno City College to play an intercollegiate soccer match. The trial court granted defendants’ motion for summary judgment on the basis of immunity pursuant to title 5, California Code of Regulations, section 55450 (hereafter, title 5, section 55450). On appeal, plaintiffs contend that Education Code section 87706 (hereafter, section 87706) applies to this case and allows them to prove liability. We disagree and affirm the judgment.

Scope of Review

The parties do not dispute the material facts. The issue is simply whether title 5, section 55450 immunity applies to this case. “The meaning and effect of statutory provisions is a matter for our independent review.” (Service Employees Internat. Union v. Board of Trustees (1996) 47 Cal.App.4th 1661, 1665 [ 55 Cal.Rptr.2d 484 ].)

“It is axiomatic that in the interpretation of a statute where the language is clear, its plain meaning…

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