Edwards

Edwards v. City of Chico

Good Law
104 Cal. Rptr. 481·1972 Cal. App. LEXIS 744·28 Cal. App. 3d 148·37 Cal. Comp. Cases 792
Court of Appeal of CaliforniaOctober 16, 1972Civ. 12928California1,709 words

Opinion

Opinion

Coakley, J.

Plaintiff’s unverified amended complaint for personal injuries alleges that while employed by the United States Department of Labor as an enrollee in its WIN (work incentive) Program, and while on the golf course of defendant city in his capacity as a WIN enrollee, plaintiff was injured by reason of defendant’s negligence. He seeks damages.

The defendant filed a motion for summary judgment (Code Civ. Proc., § 437c) upon the ground that the court lacked jurisdiction of the subject matter. The motion was granted and judgment for the defendant followed.

The motion is supported by two declarations. The first is by the deputy city manager of defendant city. It recites that plaintiff was referred to the city by the state for the purpose of obtaining work experience and training under the WIN Program of the federal government; that plaintiff was assigned, for that purpose, to the city’s golf course; that plaintiff commenced said training and work experience on October 14, 1969, and continued therewith until November 4, 1969, the date of his injuries; that the performance of plaintiff’s activities and the manner thereof were entirely and solely under the direction, control and…

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