Rokhsat v. Daland Swim School CA2/6

Filed 3/16/26 Rokhsat v. Daland Swim School CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

MEHRBOD ROKHSAT, a 2d Civ. No. B344689 Minor, etc., et al., (Super. Ct. No. 202200572323CUPO) Plaintiffs and Appellants, (Ventura County)

v.

DALAND SWIM SCHOOL, INC., et al.,

Defendants and Respondents.

Mehrbod Rokhsat, a minor by and through his guardian ad litem Hossein Rokhsat, appeals from an order granting summary judgment for respondents Daland Swim School, Inc. and The Duck Pond, LLC. He contends triable issues of material fact exist as to whether respondents’ gross negligence caused him to suffer an eye injury during a game of tug-of-war with other children at a summer swim camp. We disagree and will affirm the trial court’s finding that a written release bars his claims.

FACTUAL AND PROCEDURAL BACKGROUND1 Daland Swim School owns and operates a swim camp in Thousand Oaks called “Camp Daland.” Duck Pond owns the pool facility and leases it to Daland Swim School. Non-party Leslie Daland owns both entities. Children participate in camp songs, arts and crafts, and recreational activities at Camp Daland. Mehrbod,2 then nine years old, attended the camp on June 14, 2022. He began playing tug of war with other children on a turf surface around 2:15. They used a 15-foot nylon rope in good condition that contained no knots or loops. Five to six children were on either side of the rope. The rope struck Mehrbod in the eye when the children on the other side released it. The camp director promptly applied an ice pack to reduce swelling. He noticed Mehrbod had a black eye but appeared alert and attentive. No other children were injured. Camp Daland’s office manager called Mehrbod’s father, Hossein Rokhsat, at 2:30 to report the incident. She left two voicemails but received no response. Mehrbod’s adult brother picked him up at 3:00 when the camp adjourned for the day. He saw Mehrbod bleeding from the nose and from a gash under his right eye. He drove Mehrbod home, where Hossein saw the injuries and took Mehrbod to the hospital. Camp Daland’s office manager called Hossein that evening and the next day but again received no response. Mehrbod sued Daland Swim School for general negligence. He alleged it breached its duty of care “by failing to take actions