Welch

background for, and holding in, Welch III. That background, drawn from Welch III,

follows.

Welch's First Lawsuit

Welch began teaching in the Oakland Unified School District (District) in

September 1998. Less than two months later, she was physically attacked by a group of

students while working at a middle school in Oakland. (Welch III, supra, 203

We accept as true for purposes of our analysis the facts averred by Welch (Freeman v. Schack (2007) 154 Cal.App.4th 719, 733), and only consider Martin's evidence to the extent it defeats as a matter of law the evidence submitted by Welch. (Soukup v. Law Offices of Herbert Hafif (2006) 39 Cal.4th 260, 269.) 3 Cal.App.4th at pp. 5-6.) According to the police report, Welch took a hat from two

students who were arguing over it on a stairway landing; she was then attacked and

injured. The next day, when the school principal asked her to return to work, she was

still shaken and upset, and filed a complaint about school safety on October 30, 1998.

Although she was subsequently physically cleared to return to work, Welch did not do so

and, on November 2, the District notified her it was placing her on administrative…