HEARING ON DEMURRER TO COMPLAINT of JOSIAH S.

FILED BY PITTSBURG UNIFIED SCHOOL DISTRICT

* TENTATIVE RULING: *

Defendant Pittsburg Unified School District’s demurrer is overruled in part and sustained in part. As to the general demurrer to the third cause of action for breach of mandatory duties for failure to supervise under Education Code Section 44807 and Cal. Code of Regs., Title 5, Section 5530, the demurrer is overruled.

The School District contends that it had no mandatory duty under Education Code Section 44807 because by its terms, it requires only teachers to hold pupils to a strict account for their conduct; it does not purport to impose a mandatory duty on any public entity. The School District cites Hoff v. Vacaville Unified School District (1998) 19 Cal.4th 925, 939. However, Hoff, supra, 19 Cal.4th at 939 addresses a different issue, that is, whether schools and teachers have a mandatory duty to protect nonstudents who are injured by a student off school premises. Th