Ochoa

Ochoa v. California State University

Caution
1999 Cal. App. LEXIS 584·72 Cal. App. 4th 1300·85 Cal. Rptr. 2d 768·99 Daily Journal DAR 6017·99 Cal. Daily Op. Serv. 4713
Court of Appeal of CaliforniaJune 15, 1999No. C030427California2,854 words

Opinion

Lead Opinion

Sims, J.

Plaintiff John Ochoa appeals following the dismissal of his personal injury complaint against defendant California State University, Sacramento on summary judgment. He contends that a triable issue of fact exists as to whether defendant had a duty to protect him against the injury he suffered at the hands of an opposing player in an intramural soccer game. 1 We disagree. We also find that summary judgment could appropriately have been granted on an alternative theory raised by defendant. Accordingly, we shall affirm.

Factual and Procedural Background

In the evening of April 15, 1996, an indoor intramural soccer game was held at California State University, Sacramento (CSUS), between two teams of CSUS students: plaintiff’s team, which represented Sierra Hall, a student dormitory, and a team representing the Hmong University Student Association (HUSA), on which codefendant Thoa played.

The game was the opening contest in an intramural competition held under the auspices of Recreational Sports (Rec Sports), which is described in the “Campus Recreation Guide” as “a service program of the CSUS Student Activities Office.” Rec Sports is primarily funded by student fees…

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