Evens
Evens v. Superior Court
Opinion
Opinion
Boren, J.
—Petitioners, Karen Evens and United Teachers of Los Angeles (United Teachers), seek a writ of mandate directing the superior court to set aside its order denying their motion to enjoin the use of an illegally produced videotape recording by real parties, the Los Angeles Unified School District (District) and the Board of Education of the Los Angeles Unified School District (Board).
I. Factual and Procedural History
Karen Evens is a teacher assigned to Grant High School. United Teachers is an employee organization and is the exclusive representative for almost all certificated nonmanagement employees at the District.
On May 7, 1999, two students in Evens’s science class surreptitiously videotape-recorded her class. This action violated Education Code section 51512 (Section 51512) which specifically prohibits such an act. «
The students delivered the videotape to the Board and District. Evens and United Teachers immediately contacted the Board and District demanding that they not view or rely upon the illegally recorded tape. The Board and District agreed not to view the tape until a judicial determination could be made as to whether the tape could lawfully be…