Tognazzini v. San Luis Coastal Unified Sch. Dist.

Opinion

PERREN, J.

By statute, the state has mandated that all noncertificated school district employees be fingerprinted. (Ed. Code, § 45125.) In conformity with the mandate, the school district tells its employee to comply. But it is the employee who decides when and where to be printed. She elects to do so on a day off. Immediately after being printed, she collides with a motorcycle. We conclude that substantial evidence supports the jury’s finding that she was not acting within the scope of her employment.

*1056Ryon Alan Tognazzini appeals from the judgment after jury trial in favor of…