M.P.G.

M.P.G. v. Antioch Unified School District

Good Law
United States District Court, Northern District of CaliforniaJune 16, 20233:23-cv-01167California3,348 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 M.P.G., a minor, by and through his Case No. 23-cv-01167-TSH Guardian ad Litem, Teresa Guzman, 8 Plaintiff, ORDER GRANTING MOTION TO DISMISS v. Re: Dkt. No.

ANTIOCH UNIFIED SCHOOL DISTRICT,

11 Defendant. 12 I. INTRODUCTION M.P.G. is a disabled individual who alleges the Antioch Unified School District (“AUSD”) and its employees failed to protect him from sexually assault by a fellow student. Pending before the Court is AUSD’s Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), in which it seeks dismissal of all claims except M.P.G.’s claim for negligence. ECF No. 17. M.P.G. filed an Opposition (ECF No. 19) and AUSD filed a Reply (ECF No. 20). The Court finds this matter suitable for disposition without oral argument and VACATES the June 29, 2023 hearing. See Civ. L.R. 7-1(b). For the reasons stated below, the Court GRANTS the motion.1 II. …

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