On June 3, 2016, plaintiffs’ decedent Alex Pierce, 13, a student, was with his Dorothy McElhinney Middle School classmates at a pool party that was being held at Vista Murrieta High School, in Murrieta. Personnel from the middle school chaperoned the outing and student lifeguards from the high school were watching over the kids as they swam. Alex started to drown and remained submerged for nearly two minutes before he was brought to the surface. Another couple of minutes went by before the paramedics arrived and immediately started CPR. It was later determined that Alex was without oxygen for approximately nine minutes. He was taken off of life support after being declared brain dead about a month later. Alex’s parents, Sabrina Pierce and Rodriquez Pierce, sued the Murrieta Valley Unified School District; a booster club for the middle school’s band and choir students, Dorothy McElhinney Middle School Band Boosters; and the high school’s head swim and dive coach, a certified lifeguard and lifeguard instructor, Keith Good. The Pierces alleged that the school district was negligent in the hiring of Good, training of Good and the student lifeguards, and supervision of the students at the party. They also alleged that the booster club and Good were negligent in the supervision of the students and that Good was also negligent in the training of the student lifeguards. The school district brought a cross-complaint against Dorothy McElhinney Middle School Band Boosters, alleging that the club was responsible for organizing and supervising the party. Plaintiffs’ counsel asserted that Alex was in clear sight and that Good and a number of student lifeguards, which Good trained and selected to work at the party, sat idly by and did nothing while Alex was drowning. Counsel contended that rather than pulling Alex out of the pool and saving his life, the lifeguards kept Alex floating on the surface of the pool and failed to perform life-saving measures, such as CPR, until paramedics arrived. Counsel also contended that when Good was later questioned by authorities about how the tragedy happened, he gave evasive answers and acknowledged that he made no efforts to rescue Alex. Plaintiffs’ counsel asserted that Good failed to aid in the rescue of Alex because Good claimed he was not “on the clock” and his insurance would not cover him getting involved. Counsel also contended that surveillance video showed numerous missed opportunities by Good and his lifeguards to bring Alex out of the pool without harm. The school district denied any liability and claimed that the booster club was to blame. However, the booster club claimed that the school district was liable for Alex’s death. Early on, Good filed an anti-SLAPP motion, alleging that the lawsuit violated his first amendment rights. Judge Angel Bermudez denied the motion and sanctioned Good $10,500 for bringing a frivolous motion. Later, Good filed a motion for summary judgment, which was also denied by Bermudez. Good claimed that he could not be held accountable for his alleged inaction because he was not on-duty, so there was no legal obligation for him to aid Alex. In response, plaintiff’s counsel asserted that Good bore some responsibility, regardless of whether or not he was on the clock during the pool party., Alex was without oxygen for approximately nine minutes before the paramedics arrived and immediately performed CPR. He was taken to a hospital and placed on life support. About a month later, a final test declared him brain dead. He was then taken off life support and died. Alex was survived by his parents, Sabrina Pierce and Rodriquez Pierce, as well as two brothers and a sister. Alex’s parents sought recovery of damages for their loss of love, relationship, affection and society for their son.