Baggay
Baggay v. Linfield Christian School CA4/1
Opinion
Opinion
Aaron, J.
I.
INTRODUCTION
Rachel Baggay sued Linfield Christian School (Linfield) for injuries that she
sustained while participating in a gymnastic stunt during a high school cheerleading practice. She appeals from a judgment entered in favor of Linfield after the trial court
granted Linfield's motion for summary judgment on Baggay's first amended complaint,
in which she alleged causes of action for negligence, false promise, and negligent
misrepresentation. Baggay contends that the court erred in ruling that her claims are
barred by the doctrine of primary assumption of the risk. She additionally contends that
there are triable issues of fact that preclude summary adjudication of her causes of action
for false promise and negligent misrepresentation. We affirm.
II.
FACTUAL AND PROCEDURAL BACKGROUND
Baggay started cheering in eighth grade at Calvary Murrieta Christian School
(Calvary), where she was one of two cheer captains. She testified in her deposition that
during her cheering practices at Calvary, she and other members of her "stunt team" spent
30 to 45 minutes of each practice working on stunts. She was first taught to perform
cheerleading stunts at a…