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CITY OF SANTA BARBARA v. SUPERIOR COURT

No. B176810.

38 Cal.Rptr.3d 434 (2006)

CITY OF SANTA BARBARA et al., Petitioners, v. The SUPERIOR COURT of Santa Barbara County, Respondent; Terral Janeway et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Six.

January 26, 2006.

Attorney(s) appearing for the Case

Stephen P. Wiley, City Attorney, Janet K. McGinnis, Assistant City Attorney, Haight, Brown & Bonesteel, Peter Q. Ezzell and Nancy E. Lucas, Los Angeles, for Petitioners.

Dennis J. Herrera, City Attorney, Joanne Hoeper, Chief Trial Deputy and Donald P. Margolis, Deputy City Attorney, for League of California Cities and California State Association of Counties as Amicus Curiae on behalf of Petitioners.

California Park & Recreation Society, Jane H. Adams, Executive Director, as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Grassini & Wrinkle and Roland Wrinkle, Woodland Hills, for Real Parties in Interest.

OPINION AND ORDER DENYING PEREMPTORY WRIT OF MANDATE

PERREN, J.

Katie Janeway, a disabled 14-year old child, drowned while participating in a recreational activities program for developmentally disabled children operated by petitioner City of Santa Barbara (City). Her parents, Maureen and Terral Janeway (Janeways), filed a wrongful death action alleging that the accident was caused by the negligence of the City and Veronica Malong, a program counselor. The...

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