Preview
Steven H. Schwartz, Esq. - State Bar No. 94637
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sschwartzCa.si-law.corn
Jonathan Moradifar, Esq. — State Bar No. 340996
imoradi far si-law. corn
SCHWARTZ & JANZEN, LLP
12100 Wilshire Boulevard, Suite 1125
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Los Angeles, California 90025
Telephone: 310.979.4090
Facsimile: 310.207.3344
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Attorneys for Cross-Defendants WASCO TIGER SHARKS SWIM CLUB and HDI GLOBAL
8 SPECIALTY, SE
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF KERN, METROPOLITAN DIVISION
TYNA POWELL, an individual CASE NO. BCV-22-100328
12 Dept.: Bakersfield Division H
P 1ainti ff
DECLARATION OF JOAQUIN
14 CASTILLO IN SUPPORT OF WASCO
WASCO RECREATION AND PARK TIGER SHARKS SWIM CLUB AND HDI
15 GLOBAL SPECIALTY, SE'S
DISTRICT; CITY OF WASCO;
16 COUNTY OF KERN; and DOES 1-50, OPPOSITION TO CROSS
inclusive COMPLAINANT WASCO
17 Defendants. RECREATION AND PARK DISTRICT'S
MOTION FOR SUMMARY
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WASCO RECREATION AND PARK AD JUDICATION
19 DISTRICT
/Filed concurrently with Motion; Separate
20 Cross-Complainant Statement of Undisputed Material Facts;
Responses to Cross-Complainant 's Separate
21 Statement of Undisputed Material Facts and
Declaration of Jonathan Moradifarj
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WASCO TIGER SHARKS SWIM CLUB, Date: August 15, 2023
23 HDI GLOBAL SPECIALTY SE, and DOES Time: 8:30 A.M.
1 to 20, Dept.: H
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25 Cross-Defendants. Complaint Filed: February 10, 2022
Cross-Complaint Filed: April 19, 2022
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DECLARATION OF JOAQUIN CASTILLO
DECLARATION OF JOAOUIN CASTILLO IN SUPPORT OF WASCO TIGER
2 SHARKS SWIM CLUB AND HDI GLOBAL SPECIALTY. SE'S OPPOSITION TO
CROSS-COMPLAINANT WASCO RECREATION AND PARK DISTRICT'S MOTION
FOR SUMMARY ADJUDICATION
I, Joaquin Castillo, declare as follows:
l. I am over the age of 18 years, I am competent to make this declaration, 2nd I have
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personal knowledge of the facts stated herein. I am competent to and would testify to such facts
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under oath if asked to.
2. At the time of the incident, I was the President of the Wasco Tiger Sharks Swim
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Club ("WTSC*'), cross-defendant in the above-referenced action captioned Tyna Powell v.
Wasco Recreation and ParkDistrict, ("Disnict") et. al. Case No. BCV-22-100328. I submit this
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declaration in support of WTSC and HDI GLOBAL SPECIALTY, SE'S Opposition to Cross-
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Complainant Wasco Recreation and Park District's Motion for Summary Adjudication.
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3. I was the WTSC head coach between 2010-2014 and 2017-2022. From 2020-
2022, I was the WTSC head coach and President. As part of my duties as President, I was
17 responsible for reviewing and enforcing agreements entered into by WTSC.
18 4. WTSC conducts its swimming league within the Wasco Pool, located at 1280
13 Poplar Ave, Wasco, CA 93280 ("Barker Park" ).
20 5. As a condition of WTSC renting the pool to conduct its swimming league, WTSC
and the District entered into a Facility Use Agreement ("FUA") on or about June 17, 2021. A
true and correct copy of the FUA is attached hereto as Exhibit A.
6. As part of my duties as President of WTSC, I read and am familiar with the
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contents of the FUA.
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7. The FUA was in effect between June 1, 2021, to July 31, 2021.
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DECLARATION OF JOAQUIN CASTILLO
1 8. To the best of my knowledge, the FUA only encompassed the lease of the Wasco
Pool facility, in addition to shelters on swim day meets.
9. Pursuant to the FUA, WTSC agreed to "inspect, maintain, and repair the pool
deck, guard room, and restrooms for trash and personal items left on decks or at the pool."
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WTSC also agreed to "lock and unlock restrooms, buildings, and gates" within the pool facility.
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(See, Exhibit A, page 1, bullet points 8-9).
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10. Pursuant to the FUA, the District agreed to maintain the pool to the degree that
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swimming can be safely conducted at all times. (See, Exhibit A, page 1, bullet points 7).
11. Pursuant to the FUA, WTSC was only required "to provide a list of duties to be
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performed by District employee." (See, Exhibit A, page 2, bullet point 1).
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12. Pursuant to the FUA, the District provided WTSC with work orders in order to
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notify the District of any repairs to the pool area.
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13. Nothing in the FUA required WTSC to maintain, inspect, or repair the common
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area landscaping in grassy areas within Barker Park.
16 14. Nothing in the FUA required WTSC to maintain, inspect, or repair the common
i7 area walkways within Barker Park.
18 15. Nothing in the FUA required WTSC to maintain, inspect, or repair the sprinkler
18 systems within Barker Park.
20 16. Nothing in the FUA required WTSC to maintain, inspect, or repair any
landscaping deficiencies, including any holes or divots, within the grassy areas of Barker Park.
22 17. During the operative period of the FUA, WTSC never maintained, inspected, or
repaired the common area landscaping in grassy areas within Barker Park.
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18. During the operative period of the FUA, WTSC never maintained, inspected, or
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repaired the common area walkways within Barker Park.
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DECLARATION OF JOAQUIN CASTILLO
1 I9, During tbe operative period of the FUA, WTSC never maintained, inspected, or
repaired the sprinkler systems within Barker Park.
3 20. During the operative period of the FUA, WTBC never maintained. inspected, or
repaired any landscaping deficiencies, including any holes or divots, within tbe grassy areas of
Barker Park.
2I, During the operative period of the FUA, other entities and individuals inspected,
maintained, and repaired the common areas of Barker Park, including tbe landscaping iu grassy
areas, walkways, sprinkler systems, and landscaping deficiencies such as holes or divots within
ihe grassy areas of Barker Park.
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22. To the best ofmy knowledge, the FUA never requhed O'TSC to maintabt,
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inspect, or repair any facility at Barker Pair, including tbe common grassy areas, walkways, or
sprinkler systems,
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I declare under penalty of perjury under the laws of the State of California that tbe
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foreg~ i true and ect,
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Executed on July 31, 2023 in liVasco, Californi,
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Zel.
JOAQUIN CASTILLO
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MCLARATIOIV OF JOAQIJIPI CASTILLO
EXHIBIT A
Facility Use Agreement
31, 2021,
This Agreement made and entered into this 17a day of June, for the period June I, 2021, through July
and the Wasco Tiger Sharks Swim Club
by and between the Wasco Recreation and Parks District (District)
(Tiger Sliarks)
Northeast
WHEREAS, the District is the controlling manager of the Wasco Swiriuning Pool located at the
corner of Poplar and Poso Street,
~REAS, Wasco Tiger Sharks Swim Club desire to use the swinuning pool for their purpose of
each meet.
conducting competitive swinuning league and have the right to sell light concessions during
NOW TIIEREPORE, IT IS AGREED by and between the patties hereto as follows:
District requests a schedule of swim meets at the signing of this agreement to uphold the terms of said
agreement.
the sole
District does herby agree to allow Wasco Tiger Shmks Swim Club to use existing facilities for
purpose of Wasco Tiger Sharl&s Swhn Club swim meets, practice for the same and selling of light
food
walk
items and drink items or contract with a food facility at said meets. This will include a facility
through at the beginning and end of season.
District agrees that the Wasco Tiger Sharks Swim Club will be sole provider for all light concession
activities for all meets and activities sponsored by Wasco Tiger Sharks Swim Club.
health and
Wasco Tiger Sharks Swim Club agrees to abide by and complete all necessary environmental
Sharks
safety ceitifications that may be required prior to opening concession's activities. Wasco Tiger
Sharks
Swim Club also agrees that the cost will be the sole responsibility of and by the Wasco Tiger
Swim Club.
Distnct agrees that all profits for sale of concessions will be maintained by the Wasco Tiger Sharks
Swim Club for the duration of this agreement.
Wasco Tiger Sharks Swim Club does hereby agree to pay to the District for the costof electricity
for
! ighting the pool and deck at $ 20.00 per hour for
all scheduled meets and practice when lights are in use.
conducted at all
The District agrees to maintain the pool to the degree that swimming can be safely
times. Tlus will include trash mmoval during regular District hours, iestroom cleaning, chemical
balancing, and pool circulation prior to any scheduled practice or meet,
Wasco Tiger Sharks Swun Club agrees to police the deck, guard room and restrooms for trash and
personal items left on decks or at the pool. Trash should bc placed in trash receptacles for
District staff
to dispose of. The District is not resnonsible for nersonal items left at the pool
Locking and unlocldng reslrooms, buildings and gates will be sole responsibility of Wasco Tiger
Sharks
Sharks Swim
Swim Club and not the District. The Distrirt will provide 6 sets of keys to the Wasco Tiger
loaned/checked
Club for their season. Wasco Tiger Sharks Swim Club do hereby agree to return all keys
out to Wasco Tiger Sharks Swim Club within one week of end of league and will not duplicate any keys
provided to them or their volunteers during the league.
the
Wasco Tiger Sharks Swim Club does hereby agree to provide a roster to the District and to pay
roster
District a roster fee of $ 20.00 per registered swimmer for Wasco Tiger Sharks Swim Club. The
Club season has
payment will be made no later than one week after the Wasco Tiger Sharks Swim
begun.
100.00 per B Meet
e Wasco Tiger Sharks Swim Club also agree to pay $ 200.00 for each A Meet and $
hours of general
held at the Wasco Public Pool and one WRPD staff at the rate of $ 14. 00 per hour for 8
maintenance for each meet. Maintenance person will be scheduled one weel& in advance
with Wasco
Tiger. Sharks Swim Club President and WRPD District Manager.
Wasco Tiger Sharks Swim Club will
the President
provide a list of duties to be performed by District employee. The list is to be agreed by
and Manager.
deck at ali times that
~ Wasco Tiger Sharks Swim Club agree to have a responsible ceitified coach on
Wasco Tiger Sharks Swim Club are in/on the pool premises.
of repairs to the
~ Wasco Tiger Sharks Swim Club will be given a work order to notify the District any
pool area.
cost of damages
o Wasco Tiger Sharks Swim Club do hereby agree to be responsible for any and all repair
derives fiom Wasco Tiger
to any District facility or equipment wlule under their care and contiol which
Sharks Swim Club negligence.
afternoon and meets on
~ Wasco Tiger Sharks Swim Club agree to use the pool for practice morning and
over by 10:00 a.m. and
Monday- Thursday (with exclusion of weekend meets) Morning practice is to be
are maintenance
evening practice by 6:00 p.m. Wasco Tiger Sharks Swim Club understand that Fridays
days for the District and NO practice may be held.
Shark Swim
~ District agrees to not rent shelters in Barker Park or hold Recreation Swini on Wasco Tiger
Club Meet days.
recreational swim, swim
~ Wasco Tiger Sharks Swim Club does hereby agree uot to interfere with District
notification to the
lessons, or other scheduled swim event. An exception may be allowed with proper
District. Manager during normal business hours.
and scliedule for
~ Wasco Tiger Sharks Swim Club agree to provide a contact person, contact information,
could result in non-
the league as soon as possible for District staff to prepare for use. Faihne to provide
availability of pool for Wasco Tiger Shark Swim Club practice.
and shall
TERM OF AGREEMENT: This agreement created hereunder becomes effective June 1, 2021
terminate at nudnight on July 31, 2021.
result in
TERMINATION: Failure of either organization to meet any of the above agreed to stipulations may
the termination of this agreement, and the loss of all rights contained herein.
coaches and officials
PUBLIC SAFETY: The Wasco Tiger Sharks Swim Club do hereby agree to have all
fingerpidnted and background investigations completed prior to the beginning
of practice of game season and
Club with copies of all
tluoughout the season. These clearances will be retained by Wasco Tiger Sharks Swim
provided to the District by the second week of scheduled practice.
at all times on the
The Wasco Tiger Sharks Swim Club do hereby agree to have a designated representative
order and report any incident to
premises during the use of District propeity/facilities. This designee will keep
the District and Tiger Sharl&s.
shall procure and
INSURANCE: The Wasco Tiger Sharks Swim Club during the terin of this agreement
coimnercial general liability insurance with
maintain, for the duration of the use period contemplated herein,
iunount not less than $ 1,000,000
coverage at least as broad as Insurance Services Office Forni CG 00 01, in an
and property damage. Thc policy
per occ&urence, $ 2,000,000 general aggregaie, for bodily injuiy, personal injmy,
restricting standard ISO "insured
must include contractual liability that has not been &unended. Any endorsement
coverage must include
conhnct" language will uot be accepted. If alcohol is sold during the permitted activity,
full liquor liability
a. Such as insurance shall naine the Wasco Recreation and Park
Distidct, its officers, employees, agents,
Sharks Swim Club shall
and volunteers as additional insureds prior to the use of the facility. The Wasco Tiger
which shall be endorsed to provide
file ceitificates of such insurance with the Wasco Recreation and Park District
cancellation or any change of coverage
thirty (30) days'otice to the Wasco Recreation and Park District of
Wasco Recreation and Park District
limits. If a copy of the insurance ceitificate is not on file prior to the event, the
may deny access to the facility.
b. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance
Line Insures in the State of
Conunissioner.to transact business of insurance or is on the List of Approved Surplus
Size Category Class VII (or
Califonua, with an assigned policyholders Rating of A- (or higher) and Financial
Guide, unless otherwise approved by the Wasco
larger) in accordance with latest addition of IIest's Key Rating
Recreation and Park District's self-insurance pool.
c. Requirenients of specific coverage features, or limits contained
in this Section are not intended as a
noimally provided by any
limitation on coverage, limits or other requirements, or a waiver of any coverage
clarification only as it pertains to a
insurance. Specific reference to a given coverage feature is for purposes of
or to the exclusion of other coverage,
given issue and is not intended by any party or insured to be all inclusive,
minimums shown above, the Wasco
or a waiver of any type. If the Tiger Sharks maintains higher limits than the
limits maintained by the
Recreation and Park Dishict requires and shall be entitled to coverage for the higher
minimum limits of insumnce coverage
Tiger Sharks. Any available insurance proceeds in excess of the specified
shall be available to Wasco Recreation and Park District. A certificate
of insurance naming the District as
or season begins.
additional insmed must be in possession of the Distidct Manager prior to practice
assume full responsibility
HOLD HARMLESS AND INDEMNIFICATION: Wasco Tiger Sharks Swun Club
including without limitation from
for accidents or damages which may arise out of use of the District Proper@,
Tiger Sharks Swim Club
maintenance and cleattliness of the facilities or propeity usage. In that regard', Wasco
Wasco Recreation and Park District, its officers,
agree(s) to shall indenutify, defend, and hold harmless
actions, or damages, including
employees, and agents froin any and all losses, costs, expenses, claims, liabilities,
at time out of or in any way related
liability for injuries to any person or persons or damage to property arising any
to the Wasco Tiger Sharks Swim Club's use or occupancy of a facility
or propeity controlled by the Wasco
willful misconduct of Wasco
Recreation and Park District, unless solely caused by the gross negligence or
and use of Property.
Recreation and Park District, its officers employees, or agents with this agreement
harmless Wasco Recreation and Park
The Wasco Tiger Sharks Swim Club shall indemnify, defend, and hold
claims, liabilities, actions, or
District, its officers, employees, and agents froin any and all losses, costs, expenses,
to property arising at any time out of
damages, including liability for injuries to any pe&son or persons or damage
or in any way related to the Wasco Tiger Sharks Swim Club's use or occupancy
of a facility or propeity controlled
caused by the gross negligence or willf'ul misconduct of
by the Wasco Recreation and Park District, unless solely
Wasco Recreation and Park District, its officers employees, or agents.
COMPLIANCE WITH ALL APPLICABLE I AW, RULES, & REGULATIONS
and federal laws and regulations
1. The Wasco Tiger Sharks Swim Club shaH comply with afl local, state,
related to the use of the facility and public gatherings.
afl applicable local, federal, and state
2. The Wasco Tiger Sharks Swim Club agrees to abide by
accessibility standards and regulations.
3. The Wasco Tiger Sharks Swim Club further agrees
that it is solely responsible for reviewing and
orders, and/or guidance in effect at the
ensuidng compliance with afl applicable public health rules, regulations,
limits on the size of gatherings,
time of the use of the facility including, but not limited to, physical distancing,
use appropriate sanitation practices, etc.
4. The Wasco Recreation and Park District reseives the right
to immediately revoke The Wasco Tiger
should The Wasco Tiger Sharira Swim Club
Shark organization right to use of the facility under this agreement
fail to comply with any provision of this section.
FORCE MAJEURE
in this agreement, the Wasco
Force Majeum Events: Not withstanding anything to the contrary contained
agreement to the extent and whenever
Recreation and Park District shafl be excused from its obligations under this
Force Majeure Event. For purposes of this
it shall be prevented fiom the performance of such obligations by any
floods, earthqualres, pandemic, epidemic,
agreement, a "Force Majeure Event" includes but is not limited to fires,
other causes beyond then'ontrol. The
civil disturbances, acts of tenoidsm, regulation of any public authority, and
Wasco Recreation and Park District and the
Wasco Tiger Sharks Swim Club waives any right of recoveiy agaiust
"acts of God" to Wasco Recreation and Park District,
Wasco Tiger Sharks Swim Club shaH not charge results of
its officers, employees, or agents.
Swim Club have executed this Agreeinent as of
IN WITNESS WHEREOF, Distidct and Wasco Tiger Sharks
Chahwoman and Wasco Tiger Sharks Swim
the Effective Date stated below and signed by both District Board
Club President,
Dated: June 17, 2021
1
~3 M.~~
Wasco Recreation and Parks
~ Chairwoman
, President
Wasco Tiger Sharks Swim Club
Approved and passed by the Wasco Recreation and Parks Board of Directors on June 17, 2021, by the following
vote:
AYES: Marin, Sharp, Snow
NOES: 0
ABSENT: Wirnberly
ABSTAIN: Castiilo
Wasco Recreation and Parks District
PROOF OF SERVICE
Tyna Powell vs. WASCO Recreation & Park District, et al,
Superior Court County of Kern
Case No. BCV-22-100328
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES
I, Jonathan Moradifar declare:
Iam a resident of the State of California and over the age of eighteen years, and not a party to the
within action; my business address is 12100 Wilshire Boulevard, Suite 1125, Los Angeles, CA 90025-7117.
On August 1, 2023, served the within documents:
I
DECLARATION OF JOAQUIN CASTILLO IN SUPPORT OF WASCO TIGER SHARKS SWIM CLUB
AND HDI GLOBAL SPECIALTY, SE'S OPPOSITION TO CROSS CONIPLAINANT WASCO
10 RECREATION AND PARK DISTRICT'S MOTION FOR SUMMARY ADJUDICATION
BY EMAIL OR ELECTRONIC TRANSMISSION: caused the document(s) to be sent from
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11 email address imoradifaresi-law.corn to the persons at the email addresses listed in the
Service list. I did not receive, within a reasonable time after transmission, any electronic
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message or other indication that the transmission was unsuccessful.
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VIA ELECTRONIC SERVICE
'4 Icaused the document(s) referenced above to be sent to each interested party at the e-
X mail address listed on the attached service list via the electronic service provider One
15 Legal.
16 VIA U.S. MAIL. by placing the document(s) listed above in a sealed envelope with postage
thereon fully prepaid, in the United States mail at Los Angeles, California addressed as set
17 forth below.
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declare the truth of the foregoing under penalty of perjury pursuant to the laws of the State of
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20 California, Executed on August 1, 2023 at Los Angeles, California.
21 By:
22 Jonathan Moradifar
Pent Name glgnatere
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PROOF OF SERVICE
SERVICE LIST
Tyna Powell vs. WASCO Recreation & Park District, et al.
Superior Court County of Kern
Case No. BCV-22-100328
Matthew Clark, Esq. SBN 218784 Michael C. Kellar, Esq. SBN 80251
Doug Fitz-Simmons, Esq. SBN 128338 ROBINSON & KELLER
CHAIN COHN CLARK 3434 Truxtun Avenue, Suite 150
1731 Chester Avenue, Bakersfield, CA 93301
Bakersfield, CA 93301 Tel: (661)323-8277
Email: mclark chainlaw.corn Fax: (661) 3234205
dfitzsimmons chainlaw.corn Email: rollaw aol.corn
service chainlaw.corn
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Counsel for Plaintiff, TYNA POWELL Counsel for Defendant, CITY OF WASCO
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William E. Gamy, Esq.
Nicholas A. Pancharian, Esq.
12 Kitstena Champlin
Evelyn Segoviano
13 PORTER SCOTT
350 University Avenue, Suite 200
14 Sacramento, CA 95825-6581
Email: wcamv oorterscott.corn
15 noancharian oorterscott.corn
Eseoovianotmoorterscott.corn
kchamolintloorterscott.corn
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17 Counsel for Defendant, WASCO RECREATION
AND PARK DISTRICT
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Preview
Steven H. Schwartz, Esq. - State Bar No. 94637 1 sschwartzCa.si-law.corn Jonathan Moradifar, Esq. — State Bar No. 340996 imoradi far si-law. corn SCHWARTZ & JANZEN, LLP 12100 Wilshire Boulevard, Suite 1125 4 Los Angeles, California 90025 Telephone: 310.979.4090 Facsimile: 310.207.3344 6 Attorneys for Cross-Defendants WASCO TIGER SHARKS SWIM CLUB and HDI GLOBAL 8 SPECIALTY, SE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 10 FOR THE COUNTY OF KERN, METROPOLITAN DIVISION TYNA POWELL, an individual CASE NO. BCV-22-100328 12 Dept.: Bakersfield Division H P 1ainti ff DECLARATION OF JOAQUIN 14 CASTILLO IN SUPPORT OF WASCO WASCO RECREATION AND PARK TIGER SHARKS SWIM CLUB AND HDI 15 GLOBAL SPECIALTY, SE'S DISTRICT; CITY OF WASCO; 16 COUNTY OF KERN; and DOES 1-50, OPPOSITION TO CROSS inclusive COMPLAINANT WASCO 17 Defendants. RECREATION AND PARK DISTRICT'S MOTION FOR SUMMARY 18 WASCO RECREATION AND PARK AD JUDICATION 19 DISTRICT /Filed concurrently with Motion; Separate 20 Cross-Complainant Statement of Undisputed Material Facts; Responses to Cross-Complainant 's Separate 21 Statement of Undisputed Material Facts and Declaration of Jonathan Moradifarj 22 WASCO TIGER SHARKS SWIM CLUB, Date: August 15, 2023 23 HDI GLOBAL SPECIALTY SE, and DOES Time: 8:30 A.M. 1 to 20, Dept.: H 24 25 Cross-Defendants. Complaint Filed: February 10, 2022 Cross-Complaint Filed: April 19, 2022 26 27 28 DECLARATION OF JOAQUIN CASTILLO DECLARATION OF JOAOUIN CASTILLO IN SUPPORT OF WASCO TIGER 2 SHARKS SWIM CLUB AND HDI GLOBAL SPECIALTY. SE'S OPPOSITION TO CROSS-COMPLAINANT WASCO RECREATION AND PARK DISTRICT'S MOTION FOR SUMMARY ADJUDICATION I, Joaquin Castillo, declare as follows: l. I am over the age of 18 years, I am competent to make this declaration, 2nd I have 7 personal knowledge of the facts stated herein. I am competent to and would testify to such facts 6 under oath if asked to. 2. At the time of the incident, I was the President of the Wasco Tiger Sharks Swim 10 Club ("WTSC*'), cross-defendant in the above-referenced action captioned Tyna Powell v. Wasco Recreation and ParkDistrict, ("Disnict") et. al. Case No. BCV-22-100328. I submit this 12 declaration in support of WTSC and HDI GLOBAL SPECIALTY, SE'S Opposition to Cross- 13 Complainant Wasco Recreation and Park District's Motion for Summary Adjudication. 14 3. I was the WTSC head coach between 2010-2014 and 2017-2022. From 2020- 2022, I was the WTSC head coach and President. As part of my duties as President, I was 17 responsible for reviewing and enforcing agreements entered into by WTSC. 18 4. WTSC conducts its swimming league within the Wasco Pool, located at 1280 13 Poplar Ave, Wasco, CA 93280 ("Barker Park" ). 20 5. As a condition of WTSC renting the pool to conduct its swimming league, WTSC and the District entered into a Facility Use Agreement ("FUA") on or about June 17, 2021. A true and correct copy of the FUA is attached hereto as Exhibit A. 6. As part of my duties as President of WTSC, I read and am familiar with the 24 contents of the FUA. 25 7. The FUA was in effect between June 1, 2021, to July 31, 2021. 26 27 28 DECLARATION OF JOAQUIN CASTILLO 1 8. To the best of my knowledge, the FUA only encompassed the lease of the Wasco Pool facility, in addition to shelters on swim day meets. 9. Pursuant to the FUA, WTSC agreed to "inspect, maintain, and repair the pool deck, guard room, and restrooms for trash and personal items left on decks or at the pool." 5 WTSC also agreed to "lock and unlock restrooms, buildings, and gates" within the pool facility. 6 (See, Exhibit A, page 1, bullet points 8-9). 7 10. Pursuant to the FUA, the District agreed to maintain the pool to the degree that 8 swimming can be safely conducted at all times. (See, Exhibit A, page 1, bullet points 7). 11. Pursuant to the FUA, WTSC was only required "to provide a list of duties to be 10 performed by District employee." (See, Exhibit A, page 2, bullet point 1). 11 12. Pursuant to the FUA, the District provided WTSC with work orders in order to 12 notify the District of any repairs to the pool area. 13 13. Nothing in the FUA required WTSC to maintain, inspect, or repair the common 14 area landscaping in grassy areas within Barker Park. 16 14. Nothing in the FUA required WTSC to maintain, inspect, or repair the common i7 area walkways within Barker Park. 18 15. Nothing in the FUA required WTSC to maintain, inspect, or repair the sprinkler 18 systems within Barker Park. 20 16. Nothing in the FUA required WTSC to maintain, inspect, or repair any landscaping deficiencies, including any holes or divots, within the grassy areas of Barker Park. 22 17. During the operative period of the FUA, WTSC never maintained, inspected, or repaired the common area landscaping in grassy areas within Barker Park. 24 18. During the operative period of the FUA, WTSC never maintained, inspected, or 25 repaired the common area walkways within Barker Park. 26 27 DECLARATION OF JOAQUIN CASTILLO 1 I9, During tbe operative period of the FUA, WTSC never maintained, inspected, or repaired the sprinkler systems within Barker Park. 3 20. During the operative period of the FUA, WTBC never maintained. inspected, or repaired any landscaping deficiencies, including any holes or divots, within tbe grassy areas of Barker Park. 2I, During the operative period of the FUA, other entities and individuals inspected, maintained, and repaired the common areas of Barker Park, including tbe landscaping iu grassy areas, walkways, sprinkler systems, and landscaping deficiencies such as holes or divots within ihe grassy areas of Barker Park. le 22. To the best ofmy knowledge, the FUA never requhed O'TSC to maintabt, 11 inspect, or repair any facility at Barker Pair, including tbe common grassy areas, walkways, or sprinkler systems, 13 I declare under penalty of perjury under the laws of the State of California that tbe 14 foreg~ i true and ect, 16 Executed on July 31, 2023 in liVasco, Californi, 18 20 21 Zel. JOAQUIN CASTILLO f- 23 26 22 28 -4- MCLARATIOIV OF JOAQIJIPI CASTILLO EXHIBIT A Facility Use Agreement 31, 2021, This Agreement made and entered into this 17a day of June, for the period June I, 2021, through July and the Wasco Tiger Sharks Swim Club by and between the Wasco Recreation and Parks District (District) (Tiger Sliarks) Northeast WHEREAS, the District is the controlling manager of the Wasco Swiriuning Pool located at the corner of Poplar and Poso Street, ~REAS, Wasco Tiger Sharks Swim Club desire to use the swinuning pool for their purpose of each meet. conducting competitive swinuning league and have the right to sell light concessions during NOW TIIEREPORE, IT IS AGREED by and between the patties hereto as follows: District requests a schedule of swim meets at the signing of this agreement to uphold the terms of said agreement. the sole District does herby agree to allow Wasco Tiger Shmks Swim Club to use existing facilities for purpose of Wasco Tiger Sharl&s Swhn Club swim meets, practice for the same and selling of light food walk items and drink items or contract with a food facility at said meets. This will include a facility through at the beginning and end of season. District agrees that the Wasco Tiger Sharks Swim Club will be sole provider for all light concession activities for all meets and activities sponsored by Wasco Tiger Sharks Swim Club. health and Wasco Tiger Sharks Swim Club agrees to abide by and complete all necessary environmental Sharks safety ceitifications that may be required prior to opening concession's activities. Wasco Tiger Sharks Swim Club also agrees that the cost will be the sole responsibility of and by the Wasco Tiger Swim Club. Distnct agrees that all profits for sale of concessions will be maintained by the Wasco Tiger Sharks Swim Club for the duration of this agreement. Wasco Tiger Sharks Swim Club does hereby agree to pay to the District for the costof electricity for ! ighting the pool and deck at $ 20.00 per hour for all scheduled meets and practice when lights are in use. conducted at all The District agrees to maintain the pool to the degree that swimming can be safely times. Tlus will include trash mmoval during regular District hours, iestroom cleaning, chemical balancing, and pool circulation prior to any scheduled practice or meet, Wasco Tiger Sharks Swun Club agrees to police the deck, guard room and restrooms for trash and personal items left on decks or at the pool. Trash should bc placed in trash receptacles for District staff to dispose of. The District is not resnonsible for nersonal items left at the pool Locking and unlocldng reslrooms, buildings and gates will be sole responsibility of Wasco Tiger Sharks Sharks Swim Swim Club and not the District. The Distrirt will provide 6 sets of keys to the Wasco Tiger loaned/checked Club for their season. Wasco Tiger Sharks Swim Club do hereby agree to return all keys out to Wasco Tiger Sharks Swim Club within one week of end of league and will not duplicate any keys provided to them or their volunteers during the league. the Wasco Tiger Sharks Swim Club does hereby agree to provide a roster to the District and to pay roster District a roster fee of $ 20.00 per registered swimmer for Wasco Tiger Sharks Swim Club. The Club season has payment will be made no later than one week after the Wasco Tiger Sharks Swim begun. 100.00 per B Meet e Wasco Tiger Sharks Swim Club also agree to pay $ 200.00 for each A Meet and $ hours of general held at the Wasco Public Pool and one WRPD staff at the rate of $ 14. 00 per hour for 8 maintenance for each meet. Maintenance person will be scheduled one weel& in advance with Wasco Tiger. Sharks Swim Club President and WRPD District Manager. Wasco Tiger Sharks Swim Club will the President provide a list of duties to be performed by District employee. The list is to be agreed by and Manager. deck at ali times that ~ Wasco Tiger Sharks Swim Club agree to have a responsible ceitified coach on Wasco Tiger Sharks Swim Club are in/on the pool premises. of repairs to the ~ Wasco Tiger Sharks Swim Club will be given a work order to notify the District any pool area. cost of damages o Wasco Tiger Sharks Swim Club do hereby agree to be responsible for any and all repair derives fiom Wasco Tiger to any District facility or equipment wlule under their care and contiol which Sharks Swim Club negligence. afternoon and meets on ~ Wasco Tiger Sharks Swim Club agree to use the pool for practice morning and over by 10:00 a.m. and Monday- Thursday (with exclusion of weekend meets) Morning practice is to be are maintenance evening practice by 6:00 p.m. Wasco Tiger Sharks Swim Club understand that Fridays days for the District and NO practice may be held. Shark Swim ~ District agrees to not rent shelters in Barker Park or hold Recreation Swini on Wasco Tiger Club Meet days. recreational swim, swim ~ Wasco Tiger Sharks Swim Club does hereby agree uot to interfere with District notification to the lessons, or other scheduled swim event. An exception may be allowed with proper District. Manager during normal business hours. and scliedule for ~ Wasco Tiger Sharks Swim Club agree to provide a contact person, contact information, could result in non- the league as soon as possible for District staff to prepare for use. Faihne to provide availability of pool for Wasco Tiger Shark Swim Club practice. and shall TERM OF AGREEMENT: This agreement created hereunder becomes effective June 1, 2021 terminate at nudnight on July 31, 2021. result in TERMINATION: Failure of either organization to meet any of the above agreed to stipulations may the termination of this agreement, and the loss of all rights contained herein. coaches and officials PUBLIC SAFETY: The Wasco Tiger Sharks Swim Club do hereby agree to have all fingerpidnted and background investigations completed prior to the beginning of practice of game season and Club with copies of all tluoughout the season. These clearances will be retained by Wasco Tiger Sharks Swim provided to the District by the second week of scheduled practice. at all times on the The Wasco Tiger Sharks Swim Club do hereby agree to have a designated representative order and report any incident to premises during the use of District propeity/facilities. This designee will keep the District and Tiger Sharl&s. shall procure and INSURANCE: The Wasco Tiger Sharks Swim Club during the terin of this agreement coimnercial general liability insurance with maintain, for the duration of the use period contemplated herein, iunount not less than $ 1,000,000 coverage at least as broad as Insurance Services Office Forni CG 00 01, in an and property damage. Thc policy per occ&urence, $ 2,000,000 general aggregaie, for bodily injuiy, personal injmy, restricting standard ISO "insured must include contractual liability that has not been &unended. Any endorsement coverage must include conhnct" language will uot be accepted. If alcohol is sold during the permitted activity, full liquor liability a. Such as insurance shall naine the Wasco Recreation and Park Distidct, its officers, employees, agents, Sharks Swim Club shall and volunteers as additional insureds prior to the use of the facility. The Wasco Tiger which shall be endorsed to provide file ceitificates of such insurance with the Wasco Recreation and Park District cancellation or any change of coverage thirty (30) days'otice to the Wasco Recreation and Park District of Wasco Recreation and Park District limits. If a copy of the insurance ceitificate is not on file prior to the event, the may deny access to the facility. b. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Line Insures in the State of Conunissioner.to transact business of insurance or is on the List of Approved Surplus Size Category Class VII (or Califonua, with an assigned policyholders Rating of A- (or higher) and Financial Guide, unless otherwise approved by the Wasco larger) in accordance with latest addition of IIest's Key Rating Recreation and Park District's self-insurance pool. c. Requirenients of specific coverage features, or limits contained in this Section are not intended as a noimally provided by any limitation on coverage, limits or other requirements, or a waiver of any coverage clarification only as it pertains to a insurance. Specific reference to a given coverage feature is for purposes of or to the exclusion of other coverage, given issue and is not intended by any party or insured to be all inclusive, minimums shown above, the Wasco or a waiver of any type. If the Tiger Sharks maintains higher limits than the limits maintained by the Recreation and Park Dishict requires and shall be entitled to coverage for the higher minimum limits of insumnce coverage Tiger Sharks. Any available insurance proceeds in excess of the specified shall be available to Wasco Recreation and Park District. A certificate of insurance naming the District as or season begins. additional insmed must be in possession of the Distidct Manager prior to practice assume full responsibility HOLD HARMLESS AND INDEMNIFICATION: Wasco Tiger Sharks Swun Club including without limitation from for accidents or damages which may arise out of use of the District Proper@, Tiger Sharks Swim Club maintenance and cleattliness of the facilities or propeity usage. In that regard', Wasco Wasco Recreation and Park District, its officers, agree(s) to shall indenutify, defend, and hold harmless actions, or damages, including employees, and agents froin any and all losses, costs, expenses, claims, liabilities, at time out of or in any way related liability for injuries to any person or persons or damage to property arising any to the Wasco Tiger Sharks Swim Club's use or occupancy of a facility or propeity controlled by the Wasco willful misconduct of Wasco Recreation and Park District, unless solely caused by the gross negligence or and use of Property. Recreation and Park District, its officers employees, or agents with this agreement harmless Wasco Recreation and Park The Wasco Tiger Sharks Swim Club shall indemnify, defend, and hold claims, liabilities, actions, or District, its officers, employees, and agents froin any and all losses, costs, expenses, to property arising at any time out of damages, including liability for injuries to any pe&son or persons or damage or in any way related to the Wasco Tiger Sharks Swim Club's use or occupancy of a facility or propeity controlled caused by the gross negligence or willf'ul misconduct of by the Wasco Recreation and Park District, unless solely Wasco Recreation and Park District, its officers employees, or agents. COMPLIANCE WITH ALL APPLICABLE I AW, RULES, & REGULATIONS and federal laws and regulations 1. The Wasco Tiger Sharks Swim Club shaH comply with afl local, state, related to the use of the facility and public gatherings. afl applicable local, federal, and state 2. The Wasco Tiger Sharks Swim Club agrees to abide by accessibility standards and regulations. 3. The Wasco Tiger Sharks Swim Club further agrees that it is solely responsible for reviewing and orders, and/or guidance in effect at the ensuidng compliance with afl applicable public health rules, regulations, limits on the size of gatherings, time of the use of the facility including, but not limited to, physical distancing, use appropriate sanitation practices, etc. 4. The Wasco Recreation and Park District reseives the right to immediately revoke The Wasco Tiger should The Wasco Tiger Sharira Swim Club Shark organization right to use of the facility under this agreement fail to comply with any provision of this section. FORCE MAJEURE in this agreement, the Wasco Force Majeum Events: Not withstanding anything to the contrary contained agreement to the extent and whenever Recreation and Park District shafl be excused from its obligations under this Force Majeure Event. For purposes of this it shall be prevented fiom the performance of such obligations by any floods, earthqualres, pandemic, epidemic, agreement, a "Force Majeure Event" includes but is not limited to fires, other causes beyond then'ontrol. The civil disturbances, acts of tenoidsm, regulation of any public authority, and Wasco Recreation and Park District and the Wasco Tiger Sharks Swim Club waives any right of recoveiy agaiust "acts of God" to Wasco Recreation and Park District, Wasco Tiger Sharks Swim Club shaH not charge results of its officers, employees, or agents. Swim Club have executed this Agreeinent as of IN WITNESS WHEREOF, Distidct and Wasco Tiger Sharks Chahwoman and Wasco Tiger Sharks Swim the Effective Date stated below and signed by both District Board Club President, Dated: June 17, 2021 1 ~3 M.~~ Wasco Recreation and Parks ~ Chairwoman , President Wasco Tiger Sharks Swim Club Approved and passed by the Wasco Recreation and Parks Board of Directors on June 17, 2021, by the following vote: AYES: Marin, Sharp, Snow NOES: 0 ABSENT: Wirnberly ABSTAIN: Castiilo Wasco Recreation and Parks District PROOF OF SERVICE Tyna Powell vs. WASCO Recreation & Park District, et al, Superior Court County of Kern Case No. BCV-22-100328 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES I, Jonathan Moradifar declare: Iam a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is 12100 Wilshire Boulevard, Suite 1125, Los Angeles, CA 90025-7117. On August 1, 2023, served the within documents: I DECLARATION OF JOAQUIN CASTILLO IN SUPPORT OF WASCO TIGER SHARKS SWIM CLUB AND HDI GLOBAL SPECIALTY, SE'S OPPOSITION TO CROSS CONIPLAINANT WASCO 10 RECREATION AND PARK DISTRICT'S MOTION FOR SUMMARY ADJUDICATION BY EMAIL OR ELECTRONIC TRANSMISSION: caused the document(s) to be sent from I 11 email address imoradifaresi-law.corn to the persons at the email addresses listed in the Service list. I did not receive, within a reasonable time after transmission, any electronic 12 message or other indication that the transmission was unsuccessful. 13 VIA ELECTRONIC SERVICE '4 Icaused the document(s) referenced above to be sent to each interested party at the e- X mail address listed on the attached service list via the electronic service provider One 15 Legal. 16 VIA U.S. MAIL. by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Los Angeles, California addressed as set 17 forth below. 18 19 declare the truth of the foregoing under penalty of perjury pursuant to the laws of the State of I 20 California, Executed on August 1, 2023 at Los Angeles, California. 21 By: 22 Jonathan Moradifar Pent Name glgnatere 23 24 25 26 27 28 1422 021 PROOF OF SERVICE SERVICE LIST Tyna Powell vs. WASCO Recreation & Park District, et al. Superior Court County of Kern Case No. BCV-22-100328 Matthew Clark, Esq. SBN 218784 Michael C. Kellar, Esq. SBN 80251 Doug Fitz-Simmons, Esq. SBN 128338 ROBINSON & KELLER CHAIN COHN CLARK 3434 Truxtun Avenue, Suite 150 1731 Chester Avenue, Bakersfield, CA 93301 Bakersfield, CA 93301 Tel: (661)323-8277 Email: mclark chainlaw.corn Fax: (661) 3234205 dfitzsimmons chainlaw.corn Email: rollaw aol.corn service chainlaw.corn 9 Counsel for Plaintiff, TYNA POWELL Counsel for Defendant, CITY OF WASCO 10 William E. Gamy, Esq. Nicholas A. Pancharian, Esq. 12 Kitstena Champlin Evelyn Segoviano 13 PORTER SCOTT 350 University Avenue, Suite 200 14 Sacramento, CA 95825-6581 Email: wcamv oorterscott.corn 15 noancharian oorterscott.corn Eseoovianotmoorterscott.corn kchamolintloorterscott.corn 16 17 Counsel for Defendant, WASCO RECREATION AND PARK DISTRICT 18 19 20 21 22 23 24 25 26 27 28