On March 24, 2021, the Dublin Unified School District held a food distribution event at one of its middle schools as part of the “Farmers to Families Food Box Program.” This program aimed to provide fresh food to families affected by the COVID-19 pandemic. Catherine Kuo volunteered at this event.
While Kuo was loading a food box into the rear of one vehicle, another vehicle entered the parking lot and stopped behind her. A DUSD employee approached the second vehicle and instructed the driver to open the rear hatch so a food box could be loaded. The driver of the second vehicle suddenly accelerated forward. The vehicle struck Kuo and crushed her between the two cars. She died later that day.
Kuo’s family members and estate filed a complaint against the District. They asserted negligence and premises liability claims. The complaint alleged the District failed to implement or communicate safety protocols, failed to train or supervise employees coordinating the event, and created a dangerous condition of public property by not implementing adequate safety measures.
The District moved for summary judgment and asked the trial court to dismiss the case. It argued that Labor Code section 3364.5 barred the claims. Section 3364.5 allows a school board to deem volunteers employees under the Workers’ Compensation Act by adopting a resolution. If the board adopts such a resolution, the volunteer is entitled to workers’ compensation for injuries.
The District argued that when section 3364.5 applies, workers compensation is the sole remedy for injuries sustained while performing service under the direction and control of the district superintendent. The District submitted evidence that its board of trustees had adopted such a resolution in 2012 and confirmed that its insurance program covered injuries to volunteers. The District argued that Kuo’s fatal injuries fell within the scope of section 3364.5. Therefore, workers’ compensation was the exclusive remedy and plaintiffs’ could not bring negligence and premises liability claims against the District.
The trial court found that Labor Code section 3364.5 applied and granted summary judgment in favor of the District. It found that section 3364.5 covered fatal injuries and that Kuo’s death fell within the scope of the statute. Because workers’ compensation was the exclusive remedy, the court ruled that it lacked jurisdiction to hear the plaintiffs’ negligence and premises liability claims. Kuo’s family and estate appealed.
The court of appeal affirmed the trial court’s judgment. It held that Labor Code section 3364.5 applied and that the statute covers fatal injuries. The court rejected the plaintiffs’ argument that the statute excluded death. It explained that the plain language, statutory context, and legislative history supported a broad reading of “any injury” to include fatal injuries.
The court of appeal also found that the District properly adopted a resolution under section 3364.5. It rejected the plaintiffs’ argument that the resolution was invalid because it did not use the word “deemed.” The court of appeal held that the statute did not require any specific language. It also rejected the argument that the District’s conduct showed it did not treat volunteers as employees. The court of appeal found that the statute did not require the District to notify volunteers that they were covered by workers compensation. The statute also did not required the District to show it had processed prior workers’ compensation claims for volunteers.
The court of appeal affirmed the trial court’s grant of summary judgment in favor of the District. It entered judgment for the District and awarded costs on appeal.
Kuo v. Dublin Unified School Dist. (2025) 109 Cal.App.5th 662.