Hilton

Hilton K. v. Greenbaum

Good Law
144 Cal. App. 4th 1406·2006 Cal. App. LEXIS 1830·2006 Daily Journal DAR 15295·51 Cal. Rptr. 3d 295·2006 Cal. Daily Op. Serv. 10695
Court of Appeal of CaliforniaNovember 21, 2006B184268California2,842 words

Opinion

Opinion

Turner, J.

I. INTRODUCTION

Plaintiffs, Miriam and Hilton K. and their minor son (the minor), appeal from orders granting summary judgment in two lawsuits. The minor attended a religious day school, Cheder Menachem, Inc. (the school). A Hebrew studies teacher, Mordechai Yomtov, ultimately pled guilty to charges of molesting some of the students at the school including the minor. Plaintiffs appeal from orders granting summary judgment in favor of: the school; the school’s director, Rabbi Joseph Mishulovin; and the school’s principal, Rabbi Menachem Mendel Greenbaum.

In the published portion of this opinion, we discuss plaintiffs’ contention that two rulings in consolidated actions brought by other children who attended the school and their parents granting two motions pursuant to Civil Code section 3295, subdivision (c) to permit financial condition discovery “precluded” the summary judgment motions in this case from being granted. We agree with defendants that the section 3295, subdivision (c) findings in the consolidated lawsuits allowing financial condition discovery were inadmissible in the present cases and entitled to no preclusive effect.

II. BACKGROUND

This appeal involves…

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