Abuelhawa

I. BACKGROUND

1 A. Factual Background 2 On February 7, 2020, a woman in Santa Clara County died of COVID-19, becoming the 3 first known COVID-19 death in the United States. Tandon v. Newsom, No. 20-CV-07108-LHK, 4 2021 WL 411375, at *1 (N.D. Cal. Feb. 5, 2021). On March 4, 2020, Governor Gavin declared a 5 state of emergency in California. RJN No. 19, ECF No. 30.1 Thus, on March 10, 2020, SCU 6 temporarily suspended in-person classes and moved to online instruction. See First Am. Compl. 7 (“FAC”) ¶ 4, ECF No. 25. 8 Days later, on March 16, 2020, the Santa Clara County Health Officer issued a shelter-in- 9 place order. RJN No. 20. Under the order, schools such as SCU could open only “for purposes of 10 facilitating distance learning or performing essential functions,” not in-person instruction. Id. at 11 §10(f)(xi). To follow the order, SCU announced on March 16, 2020 that its educational experience 12 would remain online for the Spring 2020 term. FAC ¶ 4. SCU’s announcement preceded the 13 March 30, 2020 start of SCU’s Spring 2020 Quarter for all SCU schools except the Jesuit School 14 of Theology and Law School. Those two schools operate on the semester system rather than the…