Preciado v. Los Angeles Unified School Dist. CA2/3
Salvador G. Preciado, Jr., a senior and former football player at Panorama High School (PHS), died after attending a private, off-campus party. He and his successors-in-interest, his parents Irma Guevara and Salvador Preciado, Sr., brought the instant wrongful death action against, among others, the Los Angeles Unified School District (LAUSD or the school district). The trial court entered summary judgment in favor of LAUSD concluding as a matter of law that the school district was not vicariously liable for the actions of the unpaid PHS football-team volunteer who gave decedent a ride home before he died. Plaintiffs appeal. We hold that plaintiffs have not demonstrated a dispute of operative facts with the result that the question is one of law to which Munoz v. City of Palmdale (1999) 75 Cal.App.4th 367 (Munoz) applies. Munoz held that an unpaid volunteer of a public agency was neither an employee nor a servant of the agency for respondeat superior purposes.
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