Bartell
Bartell v. Palos Verdes Peninsula School District
Opinion
Lead Opinion
Fleming, J.
Plaintiffs sued for damages for wrongful death of their son. The general demurrer of defendant Palos Verdes Unified School District (school district) to the fourth amended complaint was *496 sustained without leave to amend, and plaintiffs appeal the judgment of dismissal.
We review the trial court decision under the general rule that accepts all factual allegations as true in determining whether a complaint states a cause of action. (Marvin v. Marvin (1976) 18 Cal.3d 660, 666 [ 134 Cal.Rptr. 815 , 557 P.2d 106 ].) According to the complaint, about 5:25 p.m. on 5 February 1975 plaintiffs’ 12-year-old son and a companion gained access to the playground at Lunada Bay Elementary School, either through an unlocked gate or a hole in the fence. Plaintiffs’ son suffered fatal injuries when he fell, playing a game “. . . slung from the end of a rope while riding a skateboard.” In 12 causes of action 1 plaintiffs allege defendant knew the game was dangerous and could be played locally only on the unobstructed surface of the school grounds. Plaintiffs predicate recovery against the school district on theories of (1) maintenance of a dangerous condition (Gov. Code, § 835), and (2)…