Garcia Ex Rel. Marin v. Clovis Unified School District

Good Law

627 F. Supp. 2d 1187·2009 WL 1034264·2009 U.S. Dist. LEXIS 36329

United States District Court, Eastern District of CaliforniaApril 16, 20091:08-CV-1924 AWI DLBCalifornia11,338 words

Opinion

Ishii, J.

ORDER ON DEFENDANTS’ MOTION TO DISMISS AND ORDER REMANDING CALIFORNIA CIVIL CODE § 51.9 CLAIM TO THE FRESNO COUNTY SUPERIOR COURT

This case was removed from the Fresno County Superior Court on the basis of federal question jurisdiction. Plaintiff Krista Garcia (“Garcia”), through her guardian ad litem, alleges fourteen causes of action against Clovis Unified School District (“CUSD”) and its employees Douglas Burns (“Burns”), Barry Jager (“Jager”), Greg Bass (“Bass”), Anna-Maura Cervantes (“Cervantes”), and Mai Yia Moua (“Moua”). Garcia’s claims stem from conduct by her former teacher Burns and CUSD’s reaction to Burns’s conduct. CUSD moves to dismiss each cause of action alleged against it under Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, CUSD’s motion will be granted in part and denied in part.

BACKGROUND

From the complaint, during the 2007-2008 school year: Garcia was a student at Reyburn Middle School (“the School”), Jager was the principal of the School, Moua was the eighth grade guidance counselor at the School, Burns was a teacher (apparently math) at the School, and Bass and Cervantes were employees of CUSD. See Complaint at ¶ 11.

In early…

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