What is a Duty to Supervise Conduct of Pupils?

Useful Rulings on Duty to Supervise Conduct of Pupils

Recent Rulings on Duty to Supervise Conduct of Pupils

EVAN BRAFF VS EL SEGUNDO UNIFIED SCHOOL DISTRICT ET AL

Code section 44807.) “'It is the duty of the school authorities to supervise at all times the conduct of the children on the school grounds and to enforce those rules and regulations necessary to their protection. [Citations.] The school district is liable for injuries which result from a failure of its officers and employees to use ordinary care in this respect.”' (M. W. v. Panama Buena Vista Union School Dist. (2003) 110 Cal. App. 4th 508, 517.)

  • Hearing

A. G. VS VAUGHN NEXT CENTURY LEARNING CENTER, A NONPROFIT CORPORATION, ET AL.

In the 2nd cause of action, Plaintiff continues to rely on Education Code 32280, 35010, 35020, 44807 and 44808 as bases for liability. (See SAC ¶69; FAC ¶42). This Court already determined that the foregoing statutes do not support the imposition of a mandatory duty. (See 7/7/20 Minute Order). Plaintiff has failed to establish otherwise. Plaintiff’s additional citation to Education Code 201 does not save the claim. (SAC ¶68).

  • Hearing

JENELL CONTRERAS, ET AL. VS JON PEARSON, ET AL.

Defendants assert that the Student Study Team meeting on the student safety plan for Plaintiff Jada was a proceeding authorized by Education Code section 44807 and that the statements alleged were made by the several administrators and staff members present during that meeting with Plaintiffs. Defendants contend that Section 44807 authorizes districts to establish proceedings in order to protect the health and safety of pupils and maintain proper and appropriate conditions conducive to learning.

  • Hearing

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

GENERNAL LOGISTICS SYSTEM US, INC. VS ARNEL SINSAY, ET AL.

Defendants assert that the Student Study Team meeting on the student safety plan for Plaintiff Jada was a proceeding authorized by Education Code section 44807 and that the statements alleged were made by the several administrators and staff members present during that meeting with Plaintiffs. Defendants contend that Section 44807 authorizes districts to establish proceedings in order to protect the health and safety of pupils and maintain proper and appropriate conditions conducive to learning.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

GONZALES VS BRENTWOOD UNION SC

The District cites no other cases holding that section 44807 or section 5552 does not create a mandatory duty. Thus, the District has not convinced the Court that Plaintiff cannot allege a negligence per se theory under section 815.6. The Court finds that Plaintiff should be allowed to allege the proposed allegations as part of the claim for negligence against the District.

  • Hearing

YOEL TRUJANO VS ASPIRE PUBLIC SCHOOLS

In particular, the complaint alleges LAUSD is liable under Government Code §§ 515.2(a), 815.4, 815.6, and 835 and Education Code § 44807. The complaint, however, does not identify any statute that imposes liability against a school district for the negligence of an independent charter school. There is no provision in the applicable statutes for holding a school district liable for the acts of a charter school. (See Educ. Code § 47600 et seq.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JANE V.L. DOE, BY AND THROUGH HER GUARDIAN AD LITEM, EDITH COLLAZO VS LOS ANGELES UNIFIED SCHOOL DISTRICT, ET AL.

Code §§ 234, 234.1, 234.2, 234.3, and 234.5, 44807, 32280-32282, 32286, 32288; 5 CCR 5552, Gov. Code § 815.6) 2. Negligence Per Se (5 CCR 5552, Edu. Code § 44807, Pen. Code § 11166) 3. Breach of Mandatory Duty (Gov. Code 815.6, Educ. Code § 32280, 44807, 5 CCR 5552, Pen. Code § 11166) 4. Negligent Supervision of Employee 5. Negligent Hiring/Retention 6. Negligent Failure to Warn Accordingly, demurrer is SUSTAINED with 10 days leave to amend.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

COLLEEN BOYCE V. SOLANO COUNTY OFFICE OF EDUCATION, ET AL.

Code § 44807 and Article 1, Section 28© [sic] of the California Constitution. SCOE does not dispute that Plaintiff can allege a cause of action for negligence under Government Code section 815.2 based upon a general duty of care. (Reply, 4:5-7.) However, SCOE disputes that a mandatory duty of care exists pursuant to Education Code section 44807 and Article I, Section 28 of the California Constitution.

  • Hearing

SROUY VS SAN DIEGO UNIFIED SCHOOL DISTRICT

. §44808. Section 44808 immunizes school districts from liability arising from the off-campus activities of students. Patterson v. Sacramento City Unified School Dist. (2007) 155 Cal.App.4th 821, 830.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SAYAVONG VS GROSSMONT UNION HIGH SCHOOL DISTRICT

Plaintiff contends the negligence claim arises from a statutory violation of Education Code § 44807, which sets forth Defendant's duty to supervise the children during recess, etc., but is not applicable under these facts. Thus, the motion for summary adjudication on the grounds that Plaintiff has not adequately pled a valid claim is granted. The motion for summary adjudication of the fifth and sixth causes of action is denied.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

SROUY VS SAN DIEGO UNIFIED SCHOOL DISTRICT

. §44808. Section 44808 immunizes school districts from liability arising from the off-campus activities of students. Patterson v. Sacramento City Unified School Dist. (2007) 155 Cal.App.4th 821, 830.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ALANAH STONE VS LOS ANGELES UNIFIED SCHOOL DISTRICT

Plaintiffs asserts a claim for negligence based on Education Code section 44807. Under Education Code section 44807, “Every teacher in the public schools shall hold pupils to a strict account for their conduct on the way to and from school, on the playgrounds, or during recess.” (Ed. Code, § 44807.) This statute imposes a duty to supervise students on school districts, and “a student may recover for injuries proximately caused by a breach of this duty to supervise.” (M. W. v.

  • Hearing

LATTIMORE VS VAL VERDE UNIFIED SCHOOL DISTRICT

Section 44808 does not contain a specific mandate, guidelines or language describing what particular action is to be taken or not taken in order to impose liability.

  • Hearing

ISSA AL-BAYATI VS LOS ANGELES UNIFIED SCHOOL DISTRICT

Discussion Plaintiff moves to file a SAC to allege an additional cause of action for breach of Education Code section 44807. Plaintiff argues the new cause of action, “is based on the same nucleus of facts on which the original complaint was founded,” and is “due to new evidence being discovered through formal and informal discovery after the original complaint was filed.” (Motion, 6: 5-10.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

WU VS. WEST CONTRA COSTA USD

It states, “Education Code section 44807 requires only ‘teacher[s]’ to hold pupils to a strict account for their conduct; it does not purport to impose a mandatory duty more broadly on any public entity.” Thus, Section 44807 will not support direct public entity liability under Government Code section 815.6. The reference to section 815.6 must be stricken as irrelevant or improper.

  • Hearing

ISSA AL-BAYATI VS LOS ANGELES UNIFIED SCHOOL DISTRICT

Discussion Plaintiff moves to file a SAC to allege an additional cause of action for breach of Education Code section 44807. Plaintiff argues the new cause of action, “is based on the same nucleus of facts on which the original complaint was founded,” and is “due to new evidence being discovered through formal and informal discovery after the original complaint was filed.” (Motion, 6: 5-10.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

EVAN BRAFF VS EL SEGUNDO UNIFIED SCHOOL DISTRICT ET AL

Code section 44807.) “'It is the duty of the school authorities to supervise at all times the conduct of the children on the school grounds and to enforce those rules and regulations necessary to their protection. [Citations.] The school district is liable for injuries which result from a failure of its officers and employees to use ordinary care in this respect.”' (M. W. v. Panama Buena Vista Union School Dist. (2003) 110 Cal. App. 4th 508, 517.)

  • Hearing

LYNNEL DAVIS, ET AL. VS MONROVIA UNIFIED SCHOOL DISTRICT, ET AL.

Because the Legislature most certainly did not design Education Code section 44807 to protect against the risk of injury to members of the general public who, like Hoff, are not on school property, Hoff may not state a negligence claim based on the duty of teachers under Education Code section 44807 to “hold pupils to a strict account of their conduct ....” (See Figone v.

  • Hearing

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

A. G. VS VAUGHN NEXT CENTURY LEARNING CENTER, A NONPROFIT CORPORATION, ET AL.

Plaintiff’s citation to Education Code 44807 does not support imposing liability against Defendant under Government Code 815.6 because it has been held that Education Code 44807 only requires teachers to hold students to a strict account for their conduct, but does not purport to impose a mandatory duty more broadly on any public entity. See Hoff (1998) 19 C4th 925, 939-940.

  • Hearing

ALAN EMMANUEL EMMANUEL LOPEZ TORRES VS ALHAMBRA UNIFIED SCHOOL DISTRICT

Negligent Supervision of Students Under Education Code section 44807, “Every teacher in the public schools shall hold pupils to a strict account for their conduct on the way to and from school, on the playgrounds, or during recess.” (Ed. Code, § 44807.) This statute imposes a duty to supervise students on school districts, and “a student may recover for injuries proximately caused by a breach of this duty to supervise.” (M. W. v. Panama Buena Vista Union School Dist. (2003) 110 Cal.App.4th 508, 518.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SILVA V. VACAVILLE UNIFIED SCHOOL DISTRICT

With respect to the theories advanced under Labor Code §§ 132a and 1102.5, Education Code, §44807 and Article 1 Section 28 of the California Constitution, the demurrer is granted without leave to amend. With respect to the theory of violation of the Reporting by School Employees of Improper Governmental Activities Act (Educ.

  • Hearing

ALANAH STONE VS LOS ANGELES UNIFIED SCHOOL DISTRICT

DISCUSSION Plaintiffs asserts a claim for negligence based on Education Code section 44807. Under Education Code section 44807, “Every teacher in the public schools shall hold pupils to a strict account for their conduct on the way to and from school, on the playgrounds, or during recess.” (Ed. Code, § 44807.) This statute imposes a duty to supervise students on school districts, and “a student may recover for injuries proximately caused by a breach of this duty to supervise.” (M. W. v.

  • Hearing

KM VS VENTURA UNIFIED SCHOOL DISTRICT

The remainder of the motion to strike is denied without prejudice to defendant's right to raise Education Code §44808 as a substantive defense later in the litigation. A motion to strike should be used cautiously and sparingly, and it should not be used as "a procedural 'line item veto' for the civil defendant." (PH II, Inc. v Superior Court (1995) 33 Cal. App. 4th 1680, 1683.)

  • Hearing

JANE DOE VS SIMI VALLEY UNIFIED SCHOOL DIST

Code sections 44807 and 44808 as well as CCR title 5, section 14103, SVUSD persuasively argues that those enactments do not impose a mandatory duty because they allow for the exercise of discretion. Moving party to give notice of this Court's ruling.

  • Hearing

COOK VS SAN MARCOS UNIFIED

The School also relies upon Education Code § 44808, which reads as follows: Notwithstanding any other provision of this code, no school district, city or county board of education, county superintendent of schools, or any officer or employee of such district or board shall be responsible or in any way liable for the conduct or safety of any pupil of the public schools at any time when such pupil is not on school property, unless such district, board, or person has undertaken to provide transportation for such

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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