JEFF THEILER v. VENTURA COUNTY COMMUNITY COLLEGE DISTRICT (2011)

GILBERT, P.J.

We concur:

COFFEE, J.

PERREN, J.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

JEFF THEILER,

Plaintiff and Respondent,

v.

VENTURA COUNTY COMMUNITY COLLEGE DISTRICT et al.,

Defendants and Appellants.

2d Civil No. B222321

(Super. Ct. No. 56–2008–00333969–

CU–WM–VTA)

(Ventura County)

ORDER MODIFYING OPINION AND CERTIFYING OPINION FOR PUBLICATION

It is so ordered that the opinion filed herein on July 25, 2011, be modified as follows:

On page 1, at the end of the second full paragraph, after the sentence, “We reverse,” add the following sentence:  “The duties and teaching assignment of an athletic coach are not comparable to a classroom instructor.”

There is no change in the judgment.

The opinion in the above-entitled matter filed on July 25, 2011, was not certified for publication in the Official Reports.   For good cause it now appears that the opinion should be published in the Official Reports and it is so ordered.

Glen Reiser, Judge

Superior Court County of Ventura_

Atkinson, Andelson, Loya, Rudd & Romo, Warren S. Kinsler;  Law Offices of Walsh & Associates, Dennis J. Walsh;  Lascher & Lascher, Wendy C. Lascher;  Ferguson Case Orr Paterson, LLP, Wendy C. Lascher for Defendants and Appellants Ventura County Community College District, The Board of Trustees of the Ventura County Community College District, and Chancellor James M. Meznek.

The Feldhake Law Firm, APC, Robert J. Feldhake, Christine E. Howson for Alliance of Schools for Cooperative Insurance Programs, Rancho Santiago Community College District, Mt. San Antonio Community College District, Glendale Community College District, Cerritos Community College District, Yosemite Community College District, North Orange County Community College District, South Orange County Community College District, and Rio Hondo Community College District as Amicus Curiae on behalf of Defendants and Appellants.

Farmer Smith & Lane, LLP, Craig E. Farmer, Emmanuel R. Salazar for Statewide Association of Community Colleges and Schools Association for Excess Risk as Amicus Curiae on behalf of Defendants and Appellants.

Wasserman, Comden, Casselman & Esensten, L.L.P., Mark S. Gottlieb, Gregory J. Ramirez, James E. Perero for Plaintiff and Respondent Jeff Theiler.