Baggay

Baggay v. Linfield Christian School CA4/1

Good Law
Court of Appeal of CaliforniaMarch 23, 2015D066859California4,271 words

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…

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