HEARING ON DEMURRER TO 3rd Amended COMPLAINT of K. FILED BY
STATE OF CALIFORNIA, STATE BOARD OF EDUCATION, STATE DEPARTMENT
* TENTATIVE RULING: *
Before the Court are two demurrers to plaintiffs’ Third Amended Complaint (“TAC”): one by the Contra Costa County Office of Education (“County”), and one by the State of California, State Board of Education, California Department of Education, and Tony Thurmond, in his official capacity as Superintendent of Public Instruction (“State Defendants”). The demurrer by the State Defendants is overruled.
The demurrer by the County is overruled as to the first and ninth causes of action, and sustained with leave to amend as to the second cause of action.
I. Alleged Factual Background
This case stems from the claims of four current and former students of the Floyd I. Marchus School (“Marchus”). Marchus is a school for students with significant emotional and behavioral needs, run by defendant Contra Costa County Office of Education. (TAC, ¶12.) T
Hearing Date
January 21, 2021
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HEARING ON DEMURRER TO 3rd Amended COMPLAINT of K. FILED BY
STATE OF CALIFORNIA, STATE BOARD OF EDUCATION, STATE DEPARTMENT
* TENTATIVE RULING: *
Before the Court are two demurrers to plaintiffs’ Third Amended Complaint (“TAC”): one by the Contra Costa County Office of Education (“County”), and one by the State of California, State Board of Education, California Department of Education, and Tony Thurmond, in his official capacity as Superintendent of Public Instruction (“State Defendants”). The demurrer by the State Defendants is overruled.
The demurrer by the County is overruled as to the first and ninth causes of action, and sustained with leave to amend as to the second cause of action.
I. Alleged Factual Background
This case stems from the claims of four current and former students of the Floyd I. Marchus School (“Marchus”). Marchus is a school for students with significant emotional and behavioral needs, run by defendant Contra Costa County Office of Education. (TAC, ¶12.) T