McAllister

McAllister v. Los Angeles Unified School District

Good Law
216 Cal. App. 4th 1198·2013 WL 2391011
Court of Appeal of CaliforniaJune 3, 2013B244759California8,155 words

Opinion

Opinion

Chavez, J.

Patricia McAllister (appellant) appeals from a final judgment entered after the trial court sustained a demurrer to each of appellant’s causes of action against respondents Los Angeles Unified School District (LAUSD) and John E. Deasy (Deasy), superintendent of LAUSD (collectively respondents). We affirm the judgment.

CONTENTIONS

Appellant contends that the trial court erred in sustaining the demurrer to her third cause of action claiming a deprivation of rights under section 1983 of title 42 of the United States Code (hereafter section 1983). Although appellant concedes that the trial court properly sustained the demurrer as to LAUSD and Deasy in his official capacity, she argues that she should be permitted to amend her complaint to state this cause of action against Deasy in his individual capacity.

Appellant further contends that the trial court erred in sustaining a demurrer to her second cause of action alleging a private claim for relief under article I, section 2, subdivision (a) of the California Constitution (hereafter Constitution, section 2(a)). Appellant argues that the trial court’s broad ruling that there is no private cause of action under section 2(a)…

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