MOTION TO STRIKE FIRST AMENDED COMPLAINT
This is a civil action involving alleged defamation and constructive termination against the Garden Grove Unified School District by a substitute teacher. This is a defense motion to strike the operative pleading and bring the present litigation to an end. At issue is whether plaintiff was entitled to commingle a special petition for interlocutory relief with an affirmative claim for damages, and what impact denial of the former has on the viability of the latter.
In the fall of 2016, petitioner decided to run for a seat on the District’s Board of Trustees. As part of that effort petitioner took to campaigning near the entrance to Patton Elementary School. There was apparently come concern over this activity, prompting defendant’s agents to utilize a school messaging alert system and other forms of social media to warn parents. The most concerning of these was disseminated on 10/18/16 just weeks before the election. Petitioner would lose that el