Srouy
Srouy v. San Diego Unified School District
Opinion
Opinion
Do, J.
INTRODUCTION
Vanndrya Jason Srouy is a graduate of Crawford High School (Crawford) in the San Diego Unified School District (the District). While a student at Crawford, he was a member of its varsity football team. After Srouy graduated, he found himself named as a co-defendant in a lawsuit filed by a football referee, John Herlich, who claimed to have been injured when Srouy blocked an opponent, who fell into Herlich, during a school football game. (John Herlich v. Jason Srouy, et al., San Diego Superior Court Case No. 37-2016-00032867-CU-PO-CTL) (the Herlich lawsuit).) The other defendant, the District, rejected Srouy’s tender of his defense in the Herlich lawsuit. Srouy then filed the instant action against the District, claiming the District violated a mandatory duty to defend him in the Herlich lawsuit. Srouy alleges this duty arose under the free school guarantee and the equal protection clause of the California Constitution; title 5, section 350 of the California Code of Regulations; and/or Education Code section 44808. The trial court granted the District’s demurrer without leave to amend and dismissed Srouy’s operative complaint. We are compelled to affirm.