Asbury
Asbury v. City of Ukiah CA1/3
Opinion
Opinion
Petrou, J.
BACKGROUND
On July 17, 2020, Asbury and City employee Thomas Sheffer went to the City’s wastewater treatment facility on Sheffer’s invitation. Sheffer got
Undesignated statutory references are to the Government Code.
In the interest of judicial efficiency and lacking prejudice to the City, we deem the order — which is not appealable — to incorporate a judgment of dismissal, and we construe the notice of appeal as encompassing the judgment. (O’Grady v. Merchant Exchange Productions, Inc. (2019) 41 Cal.App.5th 771, 776, fn. 3.) In reciting the factual background, we accept as true the well-pled allegations of the operative complaint (2710 Sutter Ventures, LLC v. Millis (2022) 82 Cal.App.5th 842, 850), and we recite only those facts necessary to resolve the appeal.
1 into the driver’s seat of an all-terrain vehicle (ATV) owned by the City. Asbury sat in the passenger seat, where the seat belt was caked with mud and did not fasten properly. Sheffer drove at an unsafe speed; as he made a sudden turn, the ATV rolled over, and Asbury was ejected and suffered serious injuries. Sheffer was fired and charged with several crimes, including driving under the influence of alcohol causing…