Donaghe
Donaghe v. Sherman Heights Elementary
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JAMES DONAGHE and ALVARO Case No.: 24-cv-0359-MMA (DDL)
ORTIZ,
ORDER GRANTING MOTION TO
Plaintiffs, DISMISS v. 14 [Doc. No. 6]
SHERMAN HEIGHTS ELEMENTARY,
SAN DIEGO UNIFIED SCHOOL
DISTRICT, and NICOLE ENRIQUEZ,
17 Defendants. 18 James Donaghe and Alvaro Ortiz (“Plaintiffs”) have filed this civil action alleging Defendants Sherman Heights Elementary, San Diego Unified School District, and Nicole Enriquez (“Defendants”) violated Plaintiffs’ rights under Title IX of the Civil Rights Act of 1964 (“Title IX”), the First Amendment, and the Bane Act, and are liable for creating a nuisance under federal common law and California law, negligence, and negligent infliction of emotional distress. See Doc. No. 1. On April 2, 2024, Defendants filed a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). See Doc. Nos. 6, 6-1. Plaintiffs filed an Opposition, Doc. No. 9, to which Defendants filed a Reply, Doc. No. 10. The Court found the…