Self-Insured Schools of California II v. Bledsoe CA5

Filed 11/5/24 Self-Insured Schools of California II v. Bledsoe CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SELF-INSURED SCHOOLS OF CALIFORNIA II, F087262

Plaintiff and Appellant, (Super. Ct. No. BCV-22-103252)

v. OPINION CHARLES MICHAEL BLEDSOE,

Defendant and Respondent.

THE COURT* APPEAL from an order of the Superior Court of Kern County. Bernard C. Barmann, Jr., Judge. Herr Pedersen & Berglund, Leonard C. Herr, Ron Statler, and Alex Thompson for Plaintiff and Appellant. Bremer Whyte Brown & O’Meara, Michael A. D’Andrea, Caitlin Marie Salata; Greines, Martin, Stein & Richland, Alana H. Rotter and Laura G. Lim for Defendant and Respondent. -ooOoo-

* Before Franson, Acting P. J., Peña, J. and DeSantos, J.

Appellant Self-Insured Schools of California II (SISC II) sought a determination of whether it was required to defend and indemnify respondent Charles Michael Bledsoe in a separate action, Cano v. Bledsoe, Kern County Superior Court No. BCV-16-101260, regarding a collision between Bledsoe’s vehicle and Cano’s motorcycle. The duty to indemnify depends on whether Bledsoe was acting within the scope of his employment with Delano Unified School District (the district) at the time of the collision with Cano. SISC II filed the instant action seeking a declaration that Bledsoe was not acting within the course and scope of his employment or on district business at the time of the collision. After two rounds of sustained demurrer with leave to file amended complaints, the trial court sustained Bledsoe’s third demurrer and dismissed SISC II’s second amended complaint without leave to amend. SISC II appeals that decision. SISC II has filed an opening brief, but Bledsoe has yet to do so. The parties have filed a joint motion for stipulated reversal of the order sustaining Bledsoe’s demurrer without leave to amend. We agree with the parties that the stipulated reversal requested meets the requirements of section 128, subdivision (a)(8) of the Code of Civil Procedure, and we therefore grant the motion and vacate the trial court’s order sustaining the demurrer to SISC II’s second amended complaint. BACKGROUND1 The Parties SISC II alleged in its second amended complaint that it was an organization consisting of numerous member school districts and county offices of education throughout California that provided self-insurance pursuant to Government Code section 990 et seq. It was liable for injury caused by an employee of one of its member