Katz

Katz v. Los Gatos-Saratoga Joint Union High School District

Good Law
11 Cal. Rptr. 3d 546·117 Cal. App. 4th 47·2004 Cal. App. LEXIS 384·2004 Daily Journal DAR 3765·2004 Cal. Daily Op. Serv. 2614
Court of Appeal of CaliforniaMarch 25, 2004H024944California9,591 words

Opinion

Opinion

Wunderlich, J.

Aaron Katz owns property that straddles two school districts. One of them, the Los Gatos-Saratoga Joint Union School District (District), refused to enroll children living at Katz’s property. That prompted this legal action by Katz. At the pleading stage, the District’s successful demurrer was followed by Katz’s successful appeal to this court. Following our remand, Katz prevailed at trial. The District now appeals.

At issue is whether the Education Code requires a school district to admit children who live on property that lies only partly within the district’s geographic boundaries. The question is one of first impression.

Based on our interpretation of the governing statute, we conclude that the District must enroll pupils residing at the property. We therefore affirm the judgment.

FACTS

Katz owns property at 18994 Bonnet Way in Saratoga, which is improved with a single family home. The Katz property straddles the school district boundary line, with most of it lying in the neighboring Campbell Union High School District. Only about 26 percent of the property and three percent of the home are located within the District’s boundaries.

Katz’s property has been…

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