School District Immunity & Standard of Care

Useful Rulings on School District Immunity & Standard of Care

Recent Rulings on School District Immunity & Standard of Care

LINDA MENDOZA RAZO VS JIMMY HANG, DPT

See San Mateo Union High School District (2013) 213 CA4th 418, 424, 429-430, 434, 441. With regard to Plaintiff’s reliance on Penal Code 11162.5, Plaintiff has failed to allege sufficient facts which establish a violation of the statute by a Regents’ employee, other than Hang. Plaintiff’s claim that Regents’ own policies and procedures regarding sexual assault were inadequate is also subject to immunity as the formulation of such policies and procedures amounts to discretionary conduct.

  • Hearing

    Jul 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JUAREZ VS SAN DIEGO UNIFIED SCHOOL DISTRICT

Defendants San Diego Unified School District, Traci Schenault, and Erica Renfree's Demurrer to Plaintiffs' Second Amended Complaint is SUSTAINED without leave to amend. Defendants' request for judicial notice of the fact that Sebastian Juarez wrote a suicide note as stated in Exhibit A, a police report, is denied. This is not a proper subject of judicial notice.

  • Hearing

    Jan 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JUAREZ VS SAN DIEGO UNIFIED SCHOOL DISTRICT

Defendants San Diego Unified School District, Traci Schenault, and Erica Renfree's Demurrer to Plaintiffs' Second Amended Complaint is SUSTAINED without leave to amend. Defendants' request for judicial notice of the fact that Sebastian Juarez wrote a suicide note as stated in Exhibit A, a police report, is denied. This is not a proper subject of judicial notice.

  • Hearing

    Jan 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JANE DOE, A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, JOHN DOE V.

Union School District, et al. 348167) Currently before the Court is the demurrer by defendant Union School District (“District”) and three of its administrative staff members—defendants Jacqueline Horejs (“Horejs”), Mary Berkey (“Berkey”), and Carole Carlson (“Carlson”) (collectively, “Employees”)—to the first amended complaint (“FAC”) of plaintiff Jane Doe (“Plaintiff”).

  • Hearing

    Jan 09, 2020

PATRICIA BILGIN VS CITY OF LOS ANGELES

Grant Joint Union High School District (2005) 134 Cal.App.4th 1378 where the Court of Appeal applied a materiality test to determine whether a plaintiff had suffered an adverse employment action. In Patten, the Court found that a lateral transfer, taken in context of the plaintiff’s entire situation, met the materiality test for purposes of finding an adverse employment action. (Patten v. Grant Joint Union High School District (2005) 134 Cal.App.4th 1378, 1387.)

  • Hearing

    Nov 22, 2019

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

    Nov 13, 2019

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

    Nov 13, 2019

MARY DOE V. NAPA VALLEY UNIFIED SCHOOL DIST., ET AL.

MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION TENTATIVE RULING: Defendants Napa Valley Unified School District and Carliza Bataller move for summary judgment or, in the alternative, summary adjudication on the following grounds: (1) the district does not have a duty to prevent unforeseeable incidents, and the evidence is undisputed that the incident was not foreseeable; (2) even if defendants had a duty to prevent the fight, they met that duty because they reasonably supervised students

  • Hearing

    Oct 18, 2019

JANE DOE 1, AND JANE DOE 2 V. UNION SCHOOL DISTRICT, ET AL.

Brisbane Elementary School District (1961) 55 Cal.2d 224, 233, both cited by Defendants, are instructive as to when a grant of immunity pursuant to 820.2 is appropriate. Both cases involved the discretionary choices of an elected school board in employment of District personnel and immunity was found for acts done within the scope of their powers. (Caldwell, supra, 10 Cal.4th 972, 981; Lipman v. Brisbane Elementary School District, supra, 55 Cal.2d. 224, 230.)

  • Hearing

    Oct 10, 2019

COOK VS SAN MARCOS UNIFIED

Sacramento City Unified School District (2003) 107 Cal.App.4th 1352, 1371.

  • Hearing

    Oct 03, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

COOK VS SAN MARCOS UNIFIED

Sacramento City Unified School District (2003) 107 Cal.App.4th 1352, 1371.

  • Hearing

    Oct 03, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

COOK VS SAN MARCOS UNIFIED

Sacramento City Unified School District (2003) 107 Cal.App.4th 1352, 1371.

  • Hearing

    Oct 03, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

COOK VS SAN MARCOS UNIFIED

Sacramento City Unified School District (2003) 107 Cal.App.4th 1352, 1371.

  • Hearing

    Oct 03, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

DOE VS CORONA-NORCO UNIFIED SCHOOL DISTRICT

Plaintiff bases the fourth cause of action on Government Code section 44808, which says, “Notwithstanding any other provision of this code, no school district … 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 … has undertaken a school-sponsored activity off the premises of such school, has otherwise specifically assumed such responsibility or liability or has failed to exercise

  • Hearing

    Sep 30, 2019

ALAI VS. SAN DIEGO UNIFIED SCHOOL DISTRICT

Compton (1998) 68 Cal.App.4th 114, 117-118, the court held that defendant school district was immune from suit for a claim of negligent misrepresentation under Gov. Code § 818.8 for erroneously advising a student that his class would satisfy NCAA eligibility requirements, thereby causing him to lose his sports scholarship. Jamil cites Johnson v. County of Los Angeles (1983) 143 Cal.App.3d 298, but that case is inapplicable. First of all, Johnson v.

  • Hearing

    Sep 26, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ZERENITY GARNER VS. NICHOLAS MORGAN

"Plaintiffs' argument that section 44808 establishes school district liability whenever a school district fails to exercise reasonable care is an argument this court considered, and rejected, over 20 years ago. (Torsiello, supra, 197 Cal.App.3d at pp. 47–49.)

  • Hearing

    Sep 18, 2019

ZERENITY GARNER VS. NICHOLAS MORGAN

"Plaintiffs' argument that section 44808 establishes school district liability whenever a school district fails to exercise reasonable care is an argument this court considered, and rejected, over 20 years ago. (Torsiello, supra, 197 Cal.App.3d at pp. 47–49.)

  • Hearing

    Sep 18, 2019

ZERENITY GARNER VS. NICHOLAS MORGAN

"Plaintiffs' argument that section 44808 establishes school district liability whenever a school district fails to exercise reasonable care is an argument this court considered, and rejected, over 20 years ago. (Torsiello, supra, 197 Cal.App.3d at pp. 47–49.)

  • Hearing

    Sep 18, 2019

HC VS PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT ET AL

Counsel’s declaration sets forth that (1) liability was vigorously litigated as Defendant Palos Verdes Peninsula Unified School District strenuously denied liability from the outset, taking the position that it is immune from liability, Defendant Ryan Brown argued the incident was just an accident, and both Defendants claimed Plaintiff and her parents signed a waiver that waived liability against them; (2) Defendants challenged the nature and extent of Claimant’s burn injuries and medical care; (3) there were

  • Hearing

    Aug 26, 2019

LUNDAY-THAGARD COMPANY DBA WORLD OIL REFINING VS CITY OF LOS ANGELES, A MUNICIPAL CORPORATION AND POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA, ET AL.

Code sections 820.2, 815.2, 818.4, and 821.2. Dem. at 15. As discussed ante, the City’s duty to award the Bid to the lowest responsive bidder was mandatory rather discretionary. The mere existence of discretionary choice does not bring the act within the reach of Govt. Code section 820.2. See Scott v. County of Los Angeles, (1994) 27 Cal.App.4th 125, 141. The City cannot avoid liability pursuant to Govt. Code section 820.2.

  • Hearing

    Aug 22, 2019

ALYSSA ENGELHORN VS OAK GROVE INSTITUTE FOUNDATION INC

is found to be an agent of San Diego County Office of Education or Grossmont School District, Oak Grove should be entitled to some of the same defenses that San Diego County Office of Education or Grossmont School District would be entitled to." ___________________ *Also set for Sept. 13 is Oak Grove's continued motion for a trial continuance.

  • Hearing

    Aug 19, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JANE DOE V. UNION SCHOOL DISTRICT ET AL.

Background Jane Doe (“Plaintiff”), a minor, by and through her Guardian ad Litem brought this action against Union School District (“District”), three of its administrative staff (“Employees”) and a former teacher (“Teacher”) for damages arising from sexual abuse by Teacher at one of District’s schools. According to the allegations of the Complaint, Plaintiff was repeatedly sexually abused over a three year period at her middle school by Teacher, starting when she was 13 years old. (Complaint, ¶ 1.)

  • Hearing

    Aug 08, 2019

JAMAR RENEAU VS LOS ANGELES UNIFIED SCHOOL DISTRICT

Code, § 44808 The failure to identify these specific code sections in the pleading is not a fatal defect. Defendant is not contending it lacked notice of the basis for Plaintiff’s claims. The court’s file reflects that Defendant answered the complaint without demurring to it.

  • Hearing

    Aug 08, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JANE DOE VS SIMI VALLEY UNIFIED SCHOOL DIST

Code section 44808 and CCR title 5, section 14103, Plaintiff fails to allege particular facts to show that SVUSD failed to exercise a reasonable degree of care, or that the harm to Plaintiff was foreseeable. With respect to Penal Code section 11165 et seq., Plaintiff fails to allege particular facts to show that SVUSD knew or reasonably suspected abuse. Moving party to give notice

  • Hearing

    Aug 02, 2019

JANE DOE VS SIMI VALLEY UNIFIED SCHOOL DIST

Code section 44808 and CCR title 5, section 14103, Plaintiff fails to allege particular facts to show that SVUSD failed to exercise a reasonable degree of care, or that the harm to Plaintiff was foreseeable. With respect to Penal Code section 11165 et seq., Plaintiff fails to allege particular facts to show that SVUSD knew or reasonably suspected abuse. Moving party to give notice

  • Hearing

    Aug 02, 2019

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