K.M.

K.M. v. L.A. Unified School District CA2/5

Good Law
Court of Appeal of CaliforniaNovember 24, 2021B294851California4,690 words

Opinion

Opinion

Kim, J.

I. INTRODUCTION

Minor K.M. (minor), through her guardian ad litem and mother Ellen M. (mother), appeals from an order of dismissal.1 Minor sued the Los Angeles Unified School District (District) and Maria De Mesa for general negligence, medical negligence, battery, and civil rights violations. Following successful demurrers and a motion for dismissal of several causes of action, only two causes of action remained as to minor. Minor accepted defendants’ offer of compromise pursuant to Code of Civil Procedure section 998, but the parties disputed whether minor had agreed to settle all her causes of action or only the two remaining ones. The trial court ruled that minor had released all her causes of action and ordered the action dismissed, with prejudice. Minor argues that the trial court erred by: finding the release applied to all her causes of action; sustaining demurrers without leave to amend as to the seventh through tenth causes of action from the second amended complaint; dismissing the first cause of action from the fourth amended complaint; striking an expert witness’s testimony; and issuing an order of dismissal rather than a judgment. We affirm.

Although mother is…

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