CV-19-004926 – A, L vs STANISLAUS OF EDUCTION – Motion for Summary Judgment by Defendant Stanislaus County Office of Education – DENIED.
Defendant, as the moving party, has failed to carry the initial burden of demonstrating entitlement to judgment herein. Specifically, the Court finds that the motion itself demonstrates the existence of a material factual dispute with regard to the issue of whether Defendant’s employees acted reasonably in light of Mr. Luciano’s report to Ms. Breshears of previous incidents of physical and verbal abuse by Plaintiff’s attacker directed toward Plaintiff. Defendant acknowledges that Plaintiff’s father reported such past instances to Ms. Breshears prior to the subject incident (UMF 29), but Ms. Breshears’ supporting declaration denies that any such information was provided to her. This contradiction demonstrates a triable issue of material fact that prevents judgment as a matter of law herein.
Hearing Date
December 26, 2023
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CV-19-004926 – A, L vs STANISLAUS OF EDUCTION – Motion for Summary Judgment by Defendant Stanislaus County Office of Education – DENIED.
Defendant, as the moving party, has failed to carry the initial burden of demonstrating entitlement to judgment herein. Specifically, the Court finds that the motion itself demonstrates the existence of a material factual dispute with regard to the issue of whether Defendant’s employees acted reasonably in light of Mr. Luciano’s report to Ms. Breshears of previous incidents of physical and verbal abuse by Plaintiff’s attacker directed toward Plaintiff. Defendant acknowledges that Plaintiff’s father reported such past instances to Ms. Breshears prior to the subject incident (UMF 29), but Ms. Breshears’ supporting declaration denies that any such information was provided to her. This contradiction demonstrates a triable issue of material fact that prevents judgment as a matter of law herein.