Traynor
Inglewood, California
Members: Ross Vartain, Shannon Davis, Alex Cervantes
Coaches: Student Coach: Bekah Young. Alumni Coach: Mark D’Argenio
Description of Issues:

Respondent IRF is a non-profit agency that operates a residential drug and alcohol rehabilitation and mental health treatment facility in Hollis, California. Clinical counseling and therapy services are provided by both licensed counselors and counselors working towards obtaining a Marriage and Family Therapist (“MFT”) license. Petitioner Bellkirk began to pursue a MFT license while working for the County. Bellkirk began to intern for IRF to receive mandatory training to receive her MFT license. A patient at IRF became obsessed with Bellkirk and subsequently stabbed her in the back of the head and temple over twenty times. 

IRF maintained a Workers Compensation and Employers Liability Insurance Policy which covered IRF employees who suffered bodily injury arising out of and in the course of employment. The claim for Bellkirk’s injury was denied and summary judgment was granted for IRF because the insurance provider deemed her to not be an employee of IRF. IRF subsequently submitted a further claim and is awaiting a response.

Questions Presented:

Issue 1. Was the trial court correct to grant summary judgment for IRF on the ground that there was no triable issue of material fact as to whether Bellkirk was an employee of IRF at the time of the incident?

Issue 2. Was the trial court correct to grant summary judgment for IRF on the ground that there was no triable issue of material fact as to whether Bellkirk's injury arose out of and in the course of her employment with IRF?

 

Scheduling Contact: Bekah Young (rebekah.young@uchastings.edu)
Document(s):
DATE AND TIME ROOM JUDGE JUDGE JUDGE JUDGE JUDGE
Tue. March 13
7:00PM - 9:00PM C
Wed. March 14
7:00PM - 9:00PM D CLOSED CLOSED CLOSED CLOSED CLOSED
Fri. March 16
10:00AM - 12:00PM K Jillian Kaltner
Sun. March 18
10:00AM - 12:00PM D Irene Lee
12:00PM - 2:00PM E
Mon. March 19
7:00PM - 9:00PM B Marshall Hammons Abby Harrington Alex Padua
Tue. March 20
7:00PM - 9:00PM C Chris Orlando Christopher Vitt Ruby Zapien VanLandingham, J. Phil Neale
Wed. March 21
12:00PM - 1:00PM C Maddy LS Meera Verma Laura Anderson Ashley Ayad Brian Potter
Thu. March 22
7:00PM - 9:00PM MCR Swetha Gopalakrishnan Paige Adaskaveg VanLandingham
Sun. March 25
9:00AM - 11:00AM MCR Jonathan Ebneyamin
Mon. March 26
7:00PM - 9:00PM F Missy Monika Miranda
Wed. March 28
7:00PM - 9:00PM F Swetha Gopalakrishnan VanLandingham, J.
Fri. March 30
12:00PM - 2:00PM F Miranda Chris Orlando
Sat. March 31
11:00AM - 1:00PM MCR CLOSED
1:00PM - 3:00PM F
Mon. April 2
7:00PM - 9:00PM E Miranda
Wed. April 4
5:30PM - 7:30PM 201 Nicole Vales Swetha Gopalakrishnan VanLandingham
Thu. April 5
7:00PM - 9:00PM MCR Ross Vartain Galindo Andrew Johnson
Sat. April 7
10:00AM - 12:00PM MCR Miranda Adrienne Subido
12:00PM - 1:00PM 410 TOWER FUN PRACTICE Nicole Vales Miranda Ashley Ayad
Tue. April 10
7:00PM - 9:00PM E
Wed. April 11
5:30PM - 7:30PM E SEND OFF Mary Breffle Swetha Gopalakrishnan