Schoeps

MEMORANDUM **

Hubert and Christiane Schoeps brought a diversity jurisdiction wrongful death action against Whitewater Adventures and its managing owner, Mark Gholson, alleging negligence, breach of contract, and intentional misrepresentation arising from the death of their daughter, Sandra Schoeps, during a whitewater rafting trip organized by the defendants. The district court granted the defendants summary judgment on all claims. The Schoeps appeal only the dismissal of their negligence claim against Whitewater Adventures. We review de novo the grant of summary judgment. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004).

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. The district court correctly concluded that California law precludes recovery for Sandra’s personal injuries because she expressly assumed the risk of harm when she signed Whitewater Adventures’ liability release form before participating in the whitewater rafting activity. See Sweat v. Big Time Auto Racing, Inc., 117 Cal.App.4th 1301 , 12 Cal.Rptr.3d 678, 681 (2004) (citation omitted). On the whole, the release is in plain language, contains a clear and comprehensive outline of the kinds of…