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LUPASH v. CITY OF SEAL BEACH

No. G018532.

89 Cal.Rptr.2d 920 (1999)

75 Cal.App.4th 1428

David Titus LUPASH, Plaintiff and Appellant, v. CITY OF SEAL BEACH et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Three.

Rehearing Denied November 1, 1999.

Review Denied January 13, 2000.

Attorney(s) appearing for the Case

Samuel Trussell and Thomas T. Anderson, for Plaintiff and Appellant.

Ivan K. Stevenson, Rolling Hills Estate, and Jeffrey L. Boyle, for Defendant and Respondent City of Seal Beach.

John R. Calhoun and William A. Reidder, Sr., Long Beach, for Defendant and Respondent City of Long Beach.

OPINION

CROSBY, Acting P.J.

We do not expect our public entities, King Canute-like, to hold back the power of the sea. They are not responsible for natural hazards and owe no duty to warn beachgoers, or even children in city-sponsored junior lifeguard programs, against breaking waves and an uneven ocean floor.

The record in this case shows no evidence that defendants increased the inherent risk of harm of ocean athletics. The court did not err in...

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