Cano v. Delano Union School Dist. CA5

Filed 8/18/22 Cano v. Delano Union School Dist. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

DAVIN CANO, et al., F081145 Plaintiffs and Appellants, (Super. Ct. No. BCV16101260) v.

DELANO UNION SCHOOL DISTRICT, OPINION Defendant and Respondent.

APPEAL from an order of the Superior Court of Kern County. Stephen D. Schuett, Judge. Rodriguez & Associates, Daniel Rodriguez, Joel T. Andreesen, Joseph Whittington; Esner, Chang & Boyer, Andrew N. Chang and Kevin K. Nguyen, for Plaintiffs and Appellants. Herr Pedersen & Berglund, Leonard C. Herr and Caren L. Curtiss, for Defendant and Respondent. -ooOoo- Plaintiffs and appellants Davin Cano and Edie Cano (together, the “plaintiffs”) appeal from an order granting defendant and respondent Delano Union School District’s (the “District”) motion for judgment on the pleadings. No judgment has been entered in

this case. We dismiss this appeal for lack of jurisdiction because the order appealed from is not appealable. (Code Civ. Proc., § 904.1, subd. (a); Sanchez v. Westlake Services, LLC (2022) 73 Cal.App.5th 1100, 1105 (Sanchez).) FACTS On April 18, 2015, Charles Michael Bledsoe was exiting a Wells Fargo parking lot in his car when he hit Davin Cano, who was on his motorcycle. On June 3, 2016, Davin and his wife, Edie, filed suit against Bledsoe and Wells Fargo Bank, N.A., which owned the parking lot Bledsoe was exiting. On July 7, 2016, plaintiffs filed their first amended complaint alleging causes of action for (1) “motor vehicle,” (2) “premises liability,” and (3) “general negligence.” On May 23, 2017, Bledsoe was deposed. Plaintiffs learned at the deposition Bledsoe had been working for the District for 25 years but was driving his own vehicle the day of the accident. Bledsoe attended a professional development workshop that day for his job with the District and stopped at the Wells Fargo on his way home to activate an ATM card. He served on the board of directors of the Kern Association for the Education of Young Children, and the ATM card was for expenditures for that organization. On June 9, 2017, more than two years after the accident, plaintiffs amended their complaint, adding the District as a defendant. On July 31, 2017, the District answered. The answer’s fifth affirmative defense asserted Government Code section 945.61 bars all of plaintiffs’ causes of action against the District, and the twenty-second affirmative defense asserted all causes of action are barred because plaintiffs failed to comply “with pre-litigation claims-filing requirements.” In June 2019, plaintiffs filed with the District an application for leave to present a late claim under section 911.6, part of the Government Claims Act (§ 810 et seq.) (the