In Health Freedom defense Fund, Inc. v. Carvalho, published June 7, 2024, a divided panel of the 9th Circuit Court of Appeals reversed a district court order granting judgment on the pleadings. The plaintiffs challenged the defendant California school district's mandatory COVID-19 vaccination policy. The district reversed course on the policy multiple times. The district court…
In San Diego Unified School District v. Superior Court (John Doe D.Y.), published May 28, 2024, the Fourth District Court of Appeal, Division 1 issued a writ of mandate directing the trial court to vacate its order denying the real party district's Code of Civil Procedure section 170.6 to the trial court judge. Code of Civil…
In Campbell v. Los Angeles Unified School Dist., ordered published May 22, 2024, the Second District Court of Appeal affirmed a trial court decision denying a petition for a writ of administrative mandate challenging her dismissal. (A decision in another lawsuit between the parties was published May 21, 2024.) The plaintiff worked as a resource specialist…
In Brinsmead v. Elk Grove Unified School District, published September 18, 2023, the Third District Court of Appeal reversed an order of dismissal entered after the trial court sustained the defendant district's demurrer. According to the complaint, the plaintiffs' daughter was enrolled in the district's school bus program. One morning, the daughter was present at the…
In Rossi v. Sequoia Union Elementary School District, published August 25, 2023, the Fifth Appellate District affirmed dismissal after demurrer was sustained in this case and in two other related appeals arising out of similar circumstances. During the State of Emergency declared due to COVID-19, the State Public Health Officer issued an order requiring K-12 schools to…
In A.S. v. Palmdale School District, published August 28, 2023, the Second District Court of Appeal, Division 8 affirmed dismissal of a personal injury suit against a school on demurrer. On March 5, 2019, an elementary school teacher allegedly grabbed the minor plaintiff's arm and twisted it, resulting in an injury. The next day, the plaintiff's…
In Jane S.D. Doe v. Superior Court (Mountain View High School Dist.), published July 27, 2023, the California Supreme Court reversed a trial court decision denying a pretrial motion in limine. The plaintiff sued the district to recover for sexual abuse committed by her fourth-grade teacher in 2009-2010. There was evidence she was then…
In Nigel B. v. Burbank Unified School District, published July 3, 2023, the Second District Court of Appeal, Division 5 reversed a jury verdict against the defendant school district and its physical education teacher. The plaintiff was an eighth grade student. Another student often bullied him. During a PE class, the plaintiff participated in a…
In Los Angeles Unified School District v. Superior Court (Jane Doe), published June 1, 2023, the California Supreme Court affirmed a lower appellate court case reversing denial of a motion to strike a damages claim. An alleged victim of sexual abuse by an employee of the school at which she was a student sued the defendant…
In M.D. Doe, et al., v. Marysville Joint Unified School District, ordered published March 27, 2023, the Third District Court of Appeal affirmed the dismissal of the plaintiffs' lawsuit after demurrer. In 2002, the plaintiffs sued the district and an employee, alleging their school counselor sexually abused them. in that lawsuit, the trial court entered…