Placentia-Yorba Linda Unified School Dist. v. N. Orange Cty. Regional Occupational Program CA4/3

FACTS AND PROCEDURAL HISTORY

The facts in this case are fairly simple. District owns Esperanza High School (School). NOCROP entered into a two-page form agreement (Agreement) with District to use a classroom at the School for a NOCROP class. In the Agreement NOCROP “agree[d] to defend, indemnify, and hold harmless [District] . . . from all loss, cost, and expenses arising out of any liability or claim of liability for personal injury, bodily injury to persons, and damage to property sustained or claimed to have been sustained arising out of or in connection with the use [or]1 occupancy by [NOCROP] or any of its . . . employees . . . , whether such act is authorized by this [A]greement or not . . . .” (Indemnity Provision.) NOCROP employed the plaintiff (not a party to this appeal), to teach the class. She claimed that on the way to the parking lot after teaching the class one evening, she tripped over a tree stump in a walkway that was not properly lit. The plaintiff sued

1The Agreement states “of” instead of “or.” It is clear from the context of the language “or” is correct and neither party disputes that.

2 the District for personal injury based on premises liability.…