P.P.
P.P. v. Compton Unified School District
Opinion
Lead Opinion
Fitzgerald, J.
Proceedings (In Chambers): ORDER DENYING DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ CLASS ACTION COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) [41]
Before the Court is Defendants’ Motion to Dismiss Plaintiffs’ Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (the “Motion”). (Docket No. 41). The Court has read and considered the papers filed on the Motion, and held a hearing on August 20, 2015. As set forth below, the Motion is DENIED.
By way of summary, the Court perceives the central issue here to be the interplay of, on the one hand, the definition of a cognizable disability for -purposes of Title II of the ADA and Section- 504 of the Rehabilitation Act and, on the other, the manner in which the effects of exposure to trauma may manifest themselves, as alleged in the Complaint. Clearly, the *1103 Court is not making a final decision as to how the merits of this action will be resolved, nor does it make any decisions as to whether any particular student actually suffers from a cognizable disability for purposes of the Rehabilitation Act or the ADA. The Court does not endorse the legal position that exposure to two or more traumatic events is, without more, a…