Cebulski
Cebulski v. San Diego Unified School District
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CATHERINE CEBULSKI and THOMAS Case No.: 21-CV-503-CAB-JLB
CEBULSKI (PARENTS), ON BEHALF
OF THEIR CONSERVATEE, KARL ORDER ON MOTION TO DISMISS
CEBULSKI (STUDENT), THIRD AMENDED COMPLAINT
Plaintiffs, [Doc. No. 48] v. SAN DIEGO UNIFIED SCHOOL
DISTRICT,
17 Defendant.
19 Pending before the Court is Defendant’s motion to dismiss the Third Amended 20 Complaint (“TAC”). [Doc. No. 48.] For the reasons set forth below, the motion is
GRANTED IN PART AND DENIED IN PART.
PROCEDURAL HISTORY
23 On September 15, 2021, Plaintiffs Catherine Cebulski and Thomas Cebulski 24 (Parents), on behalf of their conservatee, Karl Cebulski (Student) (hereinafter collectively 25 “Cebulskis”), filed a Second Amended Complaint (“SAC”) against Defendant San Diego 26 Unified School District (“SDUSD”). [Doc. No. 32.] The SAC alleged the following 27 causes of action: (1) First Claim for Relief: Enforcement under [42 U.S.C.] Section 1983; 28 (2) Third [sic] Claim for Relief: Enforcement…