J.M.

J.M. v. Miller Creek School District

Good Law
United States District Court, Northern District of CaliforniaNovember 22, 20234:22-cv-06105California5,657 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 J.M., Case No. 22-cv-06105-DMR

Plaintiff,

ORDER ON MOTION FOR PARTIAL

v. SUMMARY JUDGMENT

MILLER CREEK SCHOOL DISTRICT, et Re: Dkt. No. 25 al., 11 Defendants. 12 Plaintiff J.M., a student, filed this lawsuit through his mother, S.M.L., in connection with the July 21, 2022 and September 6, 2022 administrative decisions of the California Office of Administrative Hearings (“OAH”). The operative complaint 1) seeks declaratory judgment with respect to California Education Code § 56366 (first claim), 2) appeals two adverse administrative hearing decisions pursuant to the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq. (second and third claims), and 3) alleges state law claims for negligence and breach of contract (fourth and fifth claims). Plaintiff brings claims one through three solely against Defendant Miller Creek School District (the “District”). He asserts the fourth and fifth claims against…

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