Guerrero

HUFFMAN, Acting P.J.

Norma Guerrero (Norma), by and through her guardian ad litem, Maria Guerrero, brought this action against South Bay Union School District (South Bay or the District) alleging that South Bay failed to adequately supervise her dismissal from school and as a result, she was injured while crossing a street adjacent to the school shortly after school had ended for the day. Norma appeals from a judgment of dismissal entered against her after the trial court granted defendant South Bay's motion for summary judgment. Norma contends the trial court improperly concluded that South Bay owed her no duty of care, and that Education Code [1] section 44808 provided South Bay with immunity as a matter of law. We find the trial court correctly determined that South Bay did not owe Norma a duty of care at the time of the events which caused her injuries. Accordingly, we will affirm the judgment.

On October 4, 1999, Norma was seriously injured when a car struck her on a street next to Godfrey G. Berry Elementary School (Berry Elementary). South Bay operates Berry Elementary. On the day of the accident, Norma was a six-year-old first grade student at Berry Elementary. First and…

A. Introduction

The majority holds that it is reasonable, as a matter of law, for an elementary school to fail to supervise the after-school dismissal of a six-year-old first grader, allowing her to wander off school property and into the street to be hit by a car five minutes after the school bell rings. The majority further holds that an elementary school that has adopted specific policies and regulations governing the supervision of students after school including one entitled, “Students Left on Site After School Hours,” that requires school personnel to notify the principal, attempt to reach parents or guardians, and “[rjemain on site until an adult comes to retrieve the student” has not assumed responsibility for a child, such as Norma, who is not picked up by her parent or guardian immediately at dismissal time. Because I cannot agree that the school owed no duty to Norma under the circumstances of this case, I dissent.

*275 B. South Bay Owed Norma a Duty of Care

California Supreme Court cases have “long established that a school district bears a legal duty to exercise reasonable care in supervising students in its charge and may be held liable for injuries proximately…

I

INTRODUCTION

Norma Guerrero (Norma), by and through her guardian ad litem, Maria Guerrero, brought this action against South Bay Union School District (South Bay or the District) alleging that South Bay failed to adequately supervise her dismissal from school and as a result, she was injured while crossing a street adjacent to the school shortly after school had ended for the day. Norma appeals from a judgment of dismissal entered against her after the trial court granted defendant South Bay’s motion for summary judgment. Norma contends the trial court improperly concluded that South Bay owed her no duty of care, and that Education Code section 44808 1 provided South Bay with immunity as a matter of law. We find the trial court correctly determined that South Bay did not owe Norma a duty of care at the time of the events which caused her injuries. Accordingly, we will affirm the judgment.

II

FACTUAL AND PROCEDURAL BACKGROUND

On October 4, 1999, Norma was seriously injured when a car struck her on a street next to Godfrey G. Berry Elementary School (Berry Elementary). South Bay operates Berry Elementary. On the day of the accident, Norma was a six-year-old first…