Lee v. San Joaquin Delta Community College Dist. CA3

Filed 6/22/16 Lee v. San Joaquin Delta Community College Dist. CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin) ----

POR LEE,

Plaintiff and Appellant, C075234

v. (Super. Ct. No. 39-2009- 00225139-CU-PO-STK)

SAN JOAQUIN DELTA COMMUNITY COLLEGE

DISTRICT et al.,

Defendants and Respondents.

During a six-week basic swimming class offered by the San Joaquin Delta Community College District (District), appellant Por Lee learned to float and to swim well enough that he was allowed to swim at least once in the deep end of the pool before the fifth week of class. During the fifth week of class, instructor Michael Maroney declared a free swim period when students were allowed to swim as they saw fit.…