Caravel/Woodwind Charters, Inc. v. Tahoe Keys Marina, LLC

ORDER

Pending before the court is a motion for summary judgment or, in the alternative, partial summary judgment by defendant Tahoe Keys Marina, LLC (“defendant”). Plaintiff, Caravel/Woodwind Charters, Inc. (“plaintiff’) filed a complaint against defendant for damages to its boat, The Safari Rose, arising out of an incident on Lake Tahoe in which The Safari Rose hit a submerged concrete slab in a channel owned and maintained by defendant. Plaintiff alleges two causes of action, negligence and breach of an oral contract. Defendant moves for summary judgment on both causes of action.

I.

FACTS

A. THE CHANNEL

Tahoe Keys Marina, LLC (“defendant”) controls and manages a sheltered marina on Lake Tahoe used for the berthing of boats. Def.’s SUF 1-2. A channel, 80 feet wide and 650 feet long, connects the marina to the rest of Lake Tahoe. Def.’s SUF 7, 9-10. At the center of the channel, the depth is at least eight feet. Def.’s SUF 11.

The depth at the sides of the channel, near the retaining walls, is disputed. Defendant claims it to be four to five feet and plaintiff claims it to be six to eight inches. Def.’s SUF 12; Buttling Dep. at 20:24-21:1. The parties also dispute how clear…