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Ochoa v. California State University6/15/1999
ause colleges and universities have no duty to supervise the activities of their adult students (Crow v. State of California, supra, 222 Cal.App.3d at p. 209; Baldwin v. Zoradi, supra, 123 Cal.App.3d at pp. 287-291), the duty of supervision required of school districts, which the courts in Acosta and Iverson found to override section 831.7, does not do so here. Like full-court basketball, soccer is "an intensely physical game fraught with risk of serious injury" in which rough contact is "routine and expected," the rules assess penalties for fouls, and the players wear no significant protection. (Yarber v. Oakland Unified School Dist., supra, 4 Cal.App.4th at pp. 1519-1520.)
Because CSUS did not require or expect plaintiff to participate in the intramural soccer game, he is not similarly situated to the gymnast in Acosta whose coach expected him to participate in the training session as a condition of membership on an interscholastic team (Acosta v. Los Angeles Unified School Dist., supra, 31 Cal.App.4th at p. 479), nor to the student in Iverson who had to play in the soccer game held as a part of his physical education class. (Iverson v. Muroc Unified School Dist., supra, 32 Cal.App.4th at p. 220.)
Plaintiff makes no argument that Yarber is distinguishable because he suffered a deliberate battery unlike the plaintiff in Yarber whose injury was caused by an accidental collision. If this argument had been made, we would reply that fisticuffs between participants in a soccer game is a foreseeable event embraced within the concept of a "hazardous recreational activity" under section 831.7, so that immunity is properly the rule.
Under all the circumstances, we conclude that plaintiff's activity was a "hazardous recreational activity" as a matter of law, giving CSUS absolute immunity from liability for his injury. The trial court could properly have granted summary judgment on this ground also.
DISPOSITION
The judgment is affirmed. Defendant shall receive its costs on appeal.
(CERTIFIED FOR PUBLICATION.)
We concur:
SCOTLAND, P.J. NICHOLSON, J.
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