Sergio A. Chavira, Jr., et al v. El Rancho Unified School District, et al
| Sergio A. Chavira, Jr., Jonathan A. Rivera and Francia Salvador, Jr. |
| Does, El Rancho Unified School District and Martin Galindo |
| 2:2015cv07147 |
| September 10, 2015 |
| US District Court for the Central District of California |
| Alka Sagar |
| Christina A. Snyder |
| Civil Rights: Education |
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| Document Text |
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Filing
48
MINUTES OF DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' THIRD AMENDED COMPLAINT (filed February 23, 2016, dkt. 35 ) held before Judge Christina A. Snyder: In accordance with the foregoing, the motion to dismiss filed by defendants ERUSD and Superintendent Galindo is granted in part and denied in part. Specifically, plaintiffs' state law claims for "general negligence," "violation of mandatory statutory duties," and violation of the Unruh Civil Rights Act, are hereby DISMISSED WITH PREJUDICE as to defendants ERUSD and Superintendent Galindo. To the extend defendants seek to dismiss plaintiffs' Section 1983 claim against defendant Galindo in his individual capacity, defendants' motion is DENIED. IT IS SO ORDERED. Court Reporter: Laura Elias. (clee)
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Filing
20
MINUTES OF Motion Hearing held before Judge Christina A. Snyder: Plaintiffs' motion to remand the action 14 is hereby DENIED. Defendants' motion to dismiss the complaint 12 is GRANTED in part and DENIED in part. Specifically, plaintiffs ' claims for "breach of duty owing by special relationship" (claim 2), "violation of mandatory duty" (claim 3), violation of 42 U.S.C. Section 1983 (claim 5), and all claims against defendant Galindo are DISMISSED without pre judice. In addition, the Court STRIKES without prejudice the portion of plaintiffs' complaint seeking damages pursuant to the Unruh Act "per each day" of defendants' alleged denial of access to the ERHS pool. However, defendants&# 039; motion to dismiss is DENIED insofar as it seeks to dismiss plaintiffs' first claim for "general negligence." Plaintiffs shall have until and including 11/23/2015 to file a first amended complaint addressing the deficiencies identified herein. Failure to do so may result in dismissal with prejudice. Court Reporter: Debbie Gale. (gk)
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