Mosley

Plaintiffs and appellants Faith Mosley and Donnie Wortham (collectively, Plaintiffs) appeal from a judgment entered in favor of defendant and respondent San Bernardino City Unified School District (the District) after the trial court sustained the District’s demurrer to the second amended complaint without leave to amend.

PROCEDURAL BACKGROUND AND FACTS

Because the matter arises after demurrer has been sustained, we must treat all properly pled facts as true. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [ 216 Cal.Rptr. 718 , 703 P.2d 58 ].)

Plaintiffs’ daughter, Dashanay Smith-Wortham (Decedent) was a student at Arroyo Valley High School (School), a school which is managed, controlled, and operating within the District. On or about January 4, 2003, at approximately 2:00 a.m., Decedent was injured when she fell off the rear portion of a van being driven by Ja’Niece Allen (Allen) and struck her head. The incident occurred at the comer of Marshall Boulevard and Mountain View Avenue in San Bernardino, California. As a result of these injuries, Decedent died on January 5. The District is responsible for hiring and supervising Allen.

On January 17, 2003, Plaintiffs served a…