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Case Name Salazar v. Livermore Valley Joint Unified School Dist.
Date 03/04/2008
Note [Unpublished] The trial court correctly ruled that workers' compensation benefits are plaintiff's exclusive remedy.
Citation A116635
WCC Citation WCC 33242008 CA
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO MICHELLE M. SALAZAR, Plaintiff and Appellant, v. LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT, Defendant and Respondent. Ct. No. VG05244211) Michelle M. Salazar (plaintiff) appeals the trial court's grant of summary judgment in favor of Livermore Valley Joint Unified School District (defendant) in this premises liability action. "Although an unsalaried parent volunteer, Defendant Livermore Valley Joint Unified School District failed to comply with the mandatory requirements of Labor [Code] § 3364. 5. " On May 10, 2006, defendant's motion for judgment on the pleadings was denied. The resolution provided: "WHEREAS, the Livermore Valley Joint Unified School District may, from time to time, have occasion to utilize the services of volunteers in the operation of its programs; and "WHEREAS, the Livermore Valley Joint Unified School District desires to have such volunteers become eligible for Workers' Compensation benefits; "NOW, THEREFORE, BE IT RESOLVED, that in accordance with section 3364. 5 of the Labor Code, volunteers shall be entitled to Workers' Compensation benefits for any injury sustained by him/her while in the performance of any service under direction and control of the Livermore Valley Joint Unified School District Superintendent; and "BE IT FURTHER RESOLVED, that the Livermore Valley Joint Unified School District Superintendent shall cause a current list of such volunteers to be filed with the Alameda County Schools Insurance Group. Costs on appeal are awarded to defendant Livermore Valley Joint Unified School District.

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