M.M.
M.M. v. San Juan Unified School District
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 M.M., a minor by and through her guardian No. 2:19-cv-00398-TLN-EFB ad litem JOHN MARSHALL, 12 Plaintiff,
ORDER
v. SAN JUAN UNIFIED SCHOOL DISTRICT,
KENT KERN, DAMON SMITH, SHELLEE
ZAMORA, and DOES 1-30, Defendants.
20 This matter is before the Court on Defendants San Juan Unified School District (“District”), Kent Kern (“Kern”), Damon Smith (“Smith”), and Shellee Zamora’s (“Zamora”) (collectively, “Defendants”) Motion to Dismiss. (ECF No. 9.) Plaintiff M.M., through her guardian ad litem, John Marshall (“Plaintiff”), opposed the motion and Defendants filed a Reply. (ECF Nos. 11–12.) For the reasons set forth below, the Court GRANTS in part and DENIES in part Defendants’ Motion to Dismiss. /// /// I. FACTUAL AND PROCEDURAL BACKGROUND In Fall 2017, Plaintiff, a nine-year-old female student at Del Paso Manor Elementary School, began experiencing escalating verbal and physical harm from E.H., a male student in her class. (ECF No. 1 ¶¶ 11–13.)…