WOOD v. COUNTY OF SAN JOAQUIN

Nos. C040864, C042207.

4 Cal.Rptr.3d 340 (2003)

111 Cal.App.4th 960

Dottie WOOD et al., Plaintiffs and Appellants, v. COUNTY OF SAN JOAQUIN et al., Defendants and Respondents. Dottie Wood et al., Plaintiffs and Appellants, v. City of Lodi, Defendant and Respondent.

Court of Appeals of California, Third District.

As Modified September 5, 2003.


Attorney(s) appearing for the Case

Tennant, Ingram & Randon and David M. Ingram, Gold River, for Plaintiffs and Appellants.

Terrence R. Dermody, County Counsel, Shelley Green and Sheryle L. Sparks, Deputy County Counsel, for Defendant and Respondent County of San Joaquin.

Bill Lockyer, Attorney General, Andrea Lynn Hoch and James M. Schiavenza, Assistant Attorneys General, Darryl L. Doke and William A. Krabbenhoft, Deputy Attorneys General, for Defendant and Respondent State of California.

Randall A. Hays, City Attorney, D. Stephen Schwabaur, Deputy City Attorney, for Defendant and Respondent City of Lodi.


DAVIS, Acting P.J.

In this wrongful death and survival action, plaintiffs appeal from demurrers sustained in favor of the State of California (State), the County of San Joaquin (County), and the City of Lodi (City) (collectively, the public entities).

A motorboat struck the decedents while they were fishing from their canoe. The pivotal issue is whether fishing from a canoe tethered near the shore of a public waterway which is also used by powerboats is considered...

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