Hanah Keren Samson Yalung v. State
| Docket Number | F084367 |
| Decision Date | 21 December 2023 |
| Parties | HANAH KEREN SAMSON YALUNG, Individually and as Administrator, etc., et al., Plaintiffs and Appellants, v. STATE OF CALIFORNIA, Defendant and Respondent. |
| Court | California Court of Appeals Court of Appeals |
APPEAL from an order of the Superior Court of Tulare County, No VCU287364 Nathan D. Ide, Judge.
Ellis Riccobono, Tobin Ellis, Santo Riccobono; Salhab Law Corporation, Sam A. Salhab; Esner, Chang, Boyer &Murphy Holly N. Boyer, Kevin K. Nguyen for Plaintiffs and Appellants.
Rob Bonta, Attorney General, Pamela J. Holmes, Acting Assistant Attorney General, Iveta Ovsepyan, Cheryl W. Hsu and Gary Ostrick, Deputy Attorneys General, for Defendant and Respondent.
"The In-Home Supportive Services (IHSS) program (Welf. &Inst Code,[1]§ 12300 et seq.) authorizes certain disabled and elderly Californians to receive in-home services from third parties or family members, paid for with public funds." (Skidgel v. California Unemployment Ins Appeals Bd. (2021) 12 Cal.5th 1, 8 (Skidgel).) One program option, which we refer to as the "direct hiring" method, allows service recipients to directly hire their own providers, who are paid either by the recipients with funds they receive from a public entity or by a public entity itself. (Ibid.)
One day while working as an IHSS provider, Sara Spagnolini allegedly ran a stop sign and crashed into a car with six occupants. The driver, Hanah Keren Samson Yalung, and four of her children were seriously injured, and a fifth child was killed. Yalung, individually and as an administrator of her deceased daughter's estate and guardian ad litem for her other children[2] (collectively, plaintiffs) sued various entities for Spagnolini's negligence, including the State of California, by and through the State Department of Social Services (DSS) and State Department of Health Care Services (DHCS) (erroneously sued as State of California In-Home Supportive Services) (collectively, the State). Plaintiffs' first amended complaint alleged the State was liable for Spagnolini's negligence as her employer or as a joint employer with Spagnolini's recipient under the IHSS program.
The trial court sustained the State's demurrer to the first amended complaint without leave to amend. The trial court explained it could not find the statutory scheme made the State the employer or joint employer of IHSS providers for all purposes, noting that no cases held the State was an employer for purposes of vicarious liability.
On appeal, plaintiffs contend the trial court erred in sustaining the demurrer. They argue the State may be a joint employer of IHSS providers under the IHSS program and the issue is a factual one that cannot be resolved on demurrer. We conclude, however, that the IHSS statutes are incompatible with a finding of joint employment as a matter of law. Accordingly, we affirm.
Plaintiffs commenced this action in May 2021, naming as defendants the County of Kern (County), the County of Kern In-Home Supportive Service Public Authority (Public Authority), the DSS and DHCS.[3] The operative first amended complaint filed in November 2019 alleged the following.
On August 7, 2019, Yalung was driving with her five children in the car. After they entered an intersection with a four-way stop, Sara Spagnolini, who was driving over the speed limit, ran a stop sign and crashed into the rear portion of Yalung's car. Yalung's 10-year-old daughter, Francine, passed away after sustaining fatal injuries, while Yalung and her other children sustained serious injuries. At the time of the accident, Spagnolini, who was uninsured, was employed as an IHSS provider for an IHSS recipient who lived in Bakersfield. Spagnolini, who was authorized to run errands for the recipient, was returning a vacuum for the recipient at the time of the accident.[4] The first amended complaint alleged three causes of action against all defendants: (1) wrongful death; (2) negligence and breach of statutory duties; and (3) survival. As applicable here, plaintiffs alleged DSS and DHCS were liable for Spagnolini's negligence because they were her employer or joint employer, and at the time of the accident, Spagnolini was operating her vehicle in the course and scope of her employment as an IHSS provider.
The State demurred to the first amended complaint. As pertinent here, the State argued plaintiffs failed to allege sufficient facts that an employment or joint employment relationship existed between Spagnolini and DSS or DHCS at the time of the accident. The State asserted neither entity could be vicariously liable for Spagnolini's conduct as they did not have the statutory authority to control the means and manner of the services rendered by IHSS providers.
In their opposition, plaintiffs contended they adequately pled that Spagnolini was the State's employee. Plaintiffs noted that multiple courts had concluded the control exercised by State and county entities over IHSS providers is sufficient to support allegations of an employment relationship. They asserted there was no question the State and county defendants exercised considerable control over the initial investigation and approval process for IHSS providers, many other factors demonstrated the State had an employment relationship with Spagnolini, and the county defendants' conduct in maintaining Spagnolini's timesheets and specifying the work she was authorized to perform was imputed to the State.
In reply, the State argued the IHSS statutory scheme did not allow plaintiffs' claims against an IHSS provider to be imputed to the State because Spagnolini cannot be deemed a State employee. The State asserted the cases plaintiffs cited were distinguishable and they had not pled facts demonstrating the State had the means to hire, fire, or control the means and manner of the services Spagnolini rendered to her IHSS recipient.
Following a hearing, the trial court sustained the State's demurrer on the issue of vicarious liability without leave to amend. The trial court determined the cases plaintiffs relied on did not indicate the State is considered the employer of an IHSS provider for claims other than wage claims under the Fair Labor Standards Act or workers compensation coverage. The trial court subsequently entered an "ORDER RE DISMISSAL" of this action as to the State.[5]
Plaintiffs contend the trial court erred in sustaining the State's demurrer because they adequately alleged the State was Spagnolini's employer and therefore it is vicariously liable for her alleged negligence. They argue the case law and statutes that govern the IHSS program show the State may be an employer or dual employer of IHSS providers for purposes of vicarious liability. The State responds that a recent California Supreme Court decision and the statutory scheme for the IHSS program show that it cannot be vicariously liable as a matter of law. As we shall explain we conclude the IHSS statutes are incompatible with a special employment relationship between the State and IHSS providers.
"A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Regents of University of California v. Superior Court (2013) 220 Cal.App.4th 549, 558.) "When a demurrer is sustained, appellate courts conduct a de novo review to determine whether the pleading alleges facts sufficient to state a cause of action under any possible legal theory." (Gutierrez v. Carmax Auto Superstores California (2018) 19 Cal.App.5th 1234, 1242.) "When conducting this independent review, appellate courts 'treat the demurrer as admitting all material facts properly pleaded, but do not assume the truth of contentions, deductions or conclusions of law.'" (Esparza v. Kaweah Delta Dist. Hospital (2016) 3 Cal.App.5th 547, 552.) We may also consider matters subject to judicial notice and will affirm the judgment if any ground for the demurrer is well taken. (Ramirez v. Tulare County Dist. Attorney's Office (2017) 9 Cal.App.5th 911, 924.)"' "We are not bound by the trial court's stated reasons, if any, supporting its ruling; we review the ruling, not its rationale." '" (Ibid.)
A complaint must contain "[a] statement of the facts constituting the cause of action, in ordinary and concise language." (Code Civ. Proc., § 425.10, subd. (a)(1).) This fact-pleading requirement requires the plaintiff to allege ultimate facts that apprise the defendant of the claim's factual basis. (Davaloo v. State Farm Ins. Co. (2005) 135 Cal.App.4th 409, 415.) Stated another way, the "complaint must allege the ultimate facts necessary to the statement of an actionable claim." (Careau &Co. v. Security Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371, 1390.)
Since the State contends the statutes that govern the IHSS program are dispositive here, we describe in some detail the IHSS Program and its implementation in Kern County.
" (Skidgel, supra, 12 Cal.5th at p. 11.)
DSS" 'administers the IHSS program in compliance with state and federal law' and 'promulgates regulations to implement the relevant statutes.'" (Skidgel, supra, 12 Cal.5th at p. 11.) Those regulations are set out in its Manual of...
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