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BERRY v. STATE OF CALIFORNIA

Docket No. C010696.

2 Cal.App.4th 688 (1992)

3 Cal. Rptr.2d 382

SANDRA DEE BERRY, Plaintiff and Appellant, v. THE STATE OF CALIFORNIA, Defendant and Respondent.

Court of Appeals of California, Third District.

January 10, 1992.

Attorney(s) appearing for the Case

COUNSEL

Mastagni, Holstedt & Chiurazzi and Brian A. Dixon for Plaintiff and Appellant.

Daniel E. Lungren, Attorney General, Robert L. Mukai, Chief Assistant Attorney General, Marvin Goldsmith, Darryl L. Doke and Susan R. Oie, Deputy Attorneys General, for Defendant and Respondent.

OPINION

SIMS, Acting P.J.

Government Code section 831.7 provides in relevant part: "(a) Neither a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity ... for any damage or injury to property or persons arising out of that hazardous recreational activity. [¶] (b) ... `Hazardous recreational activity' also means: ... [¶] (2) Any form of diving into water from other...

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