Blanchard

Blanchard v. Morton School District

Good Law
260 F. App'x 992
United States Court of Appeals for the Ninth CircuitDecember 26, 2007No. 06-35745California522 words

Opinion

Lead Opinion

MEMORANDUM **

Cheryl Blanchard, her husband Jerry Blanchard, and their son appeal the district court’s dismissal of their action against the Morton School District (the “District”) and individual school officials under Fed.R.Civ.P. 12(b)(6). We affirm in part and reverse in part.

Cheryl Blanchard is a proper party to this appeal. Jerry Blanchard may not be represented by Cheryl Blanchard, who is not an attorney. See Johns v. County of San Diego, 114 F.3d 874, 877 (9th Cir. 1997) (citation omitted). We need not decide whether the Blanchards’ minor son is a party because Cheryl Blanchard’s (hereafter “Blanchard”) asserted bases for recovery are identical to those of her son.

The only defendants who were properly served were the District and John Flaherty, who received sufficient notice of the complaint, and explicitly directed the process server to leave the documents with certain school district employees. See Fed. R. Civ. P. 4(e)(2)(C); see also Direct Mail Specialists, Inc. v. Eclat Computerized Techs., Inc., 840 F.2d 685, 688 (9th Cir.1988). Thus, defendants Josh Brooks and Dave Crayk were properly dismissed by the district court. We also affirm the court’s dismissal of…

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