Clausing
Clausing v. San Francisco Unified School District
Opinion
Opinion
Merrill, J.
Robert Clausing, Brian Clausing as guardian ad litem for Robert Clausing, and Betty Simmerman (the mother of Robert) appeal from an order sustaining a demurrer without leave to amend to the class action allegations and to the cause of action for breach of mandatory duty under Government Code section 815.6 in their third amended complaint against respondents San Francisco Unified School District (the District), San Francisco Board of Education, Louise Lombard School, Joan Michaels, and Henry A. Caruso. Appellants also appeal from a discovery order denying their motion to compel production of documents and for monetary sanctions. We affirm the orders.
I. Procedural Background
Appellants filed their initial complaint on September 17, 1987. The complaint alleged, inter alia, that from September through November 1986, appellant Robert Clausing was a 20-year-old physically handicapped and mentally retarded student at a special school for the handicapped in a class taught by respondent Joan Michaels at respondent Louise Lombard School; that during that time, respondent Michaels repeatedly subjected appellant Robert Clausing to physical, psychological, and verbal abuse,…