Court of Appeals for the Ninth Circuit July 18, 2007, No. 05-16487 (Schultz v. San Francisco Bay Area Rapid Transit District)

MEMORANDUM *

Beverly Schultz appeals both the summary judgment entered in favor of Bay Area Rapid Transit District (BARTD), and the order awarding attorney’s fees and costs to BARTD. We affirm.1

I

There is no competent evidence in the record that raises a triable issue of fact about BARTD’s design immunity for the deficiencies Schultz claims, or about loss of this immunity. See Comette v.