This case was last updated from Los Angeles County Superior Courts on 07/17/2019 at 01:05:35 (UTC).

O.J. VS SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT, ET AL

Case Summary

On 03/02/2018 a Personal Injury - Assault/Battery/Defamation case was filed by O J against SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT in the jurisdiction of Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8933

  • Filing Date:

    03/02/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Assault/Battery/Defamation

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Santa Monica Courthouse

  • County, State:

    Los Angeles, California

Judge Details

NANCY L. NEWMAN

 

Party Details

Plaintiffs and Guardian Ad Litems

JONES URSZULA

JONES KASSIDY

Defendants

BLACKMAN RYAN

CRONROD MERRYL

SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRI

Minor

O.J.

 

Court Documents

Civil Case Cover Sheet

3/2/2018: Civil Case Cover Sheet

Summons

3/2/2018: Summons

Legacy Document

3/15/2018: Legacy Document

Legacy Document

3/15/2018: Legacy Document

Legacy Document

3/16/2018: Legacy Document

Legacy Document

6/18/2018: Legacy Document

Declaration

7/11/2018: Declaration

Proof of Personal Service

7/18/2018: Proof of Personal Service

Other -

8/29/2018: Other -

Case Management Statement

10/18/2018: Case Management Statement

Stipulation and Order

11/8/2018: Stipulation and Order

Notice of Case Reassignment and Order for Plaintiff to Give Notice

11/16/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Notice of Deposit - Jury

11/21/2018: Notice of Deposit - Jury

Case Management Statement

11/30/2018: Case Management Statement

Answer

12/19/2018: Answer

Case Management Statement

1/31/2019: Case Management Statement

Minute Order

2/7/2019: Minute Order

Case Management Statement

4/22/2019: Case Management Statement

29 More Documents Available

 

Docket Entries

  • 05/08/2019
  • at 08:30 AM in Department P; Case Management Conference - Held - Continued

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  • 05/08/2019
  • Minute Order ( (Case Management Conference)); Filed by Clerk

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  • 04/22/2019
  • Case Management Statement; Filed by MERRYL CRONROD (Defendant); SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRI (Defendant)

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  • 04/22/2019
  • Case Management Statement; Filed by KASSIDY JONES (Plaintiff)

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  • 02/07/2019
  • at 08:30 AM in Department P; Case Management Conference - Held - Continued

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  • 02/07/2019
  • Minute Order ( (Case Management Conference)); Filed by Clerk

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  • 02/01/2019
  • Request for Dismissal; Filed by KASSIDY JONES (Plaintiff)

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  • 01/31/2019
  • Case Management Statement; Filed by KASSIDY JONES (Plaintiff)

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  • 01/23/2019
  • Case Management Statement; Filed by MERRYL CRONROD (Defendant); SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRI (Defendant)

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  • 12/21/2018
  • at 08:29 AM in Department P; Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) - Not Held - Advanced and Vacated

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65 More Docket Entries
  • 03/16/2018
  • Ord Apptng Guardian Ad Litem; Filed by Attorney for Plaintiff

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  • 03/15/2018
  • Proof-Service/Summons; Filed by O.J. (Legacy Party)

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  • 03/15/2018
  • Declaration; Filed by O.J. (Legacy Party)

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  • 03/15/2018
  • Proof-Service/Summons; Filed by Attorney for Plaintiff

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  • 03/15/2018
  • Declaration (DECLARATION OF NON SERVICE ); Filed by Attorney for Plaintiff

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  • 03/02/2018
  • Complaint; Filed by KASSIDY JONES (Plaintiff)

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  • 03/02/2018
  • Complaint Filed

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  • 03/02/2018
  • Summons; Filed by Plaintiff

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  • 03/02/2018
  • Civil Case Cover Sheet

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  • 03/02/2018
  • Summons Filed; Filed by Attorney for Plaintiff

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Tentative Rulings

Case Number: SC128933    Hearing Date: March 06, 2020    Dept: P

 

Tentative Ruling

O.J., et al. v. Santa Monica-Malibu Unified School District, Case No. SC128933

Hearing Date: March 6, 2020

Defendants’ Motion for Summary Judgment or Summary Adjudication

Plaintiffs Jones are guardians ad litem for their minor child, plaintiff O.J., who has autism spectrum disorder and hyperkinetic syndrome. O.J.’s individual education program (“IEP”) provides services in his class in the defendant Santa Monica-Malibu Unfired School District (“SMMUSD”). Plaintiffs allege the IEP was not implemented during the 2016-2017 school year by kindergarten teacher, defendant Cronrod. Plaintiffs also allege defendant Cronrod discriminated against O.J. Plaintiffs further allege SSMUSD parents created a website and circulated emails containing false statements about O.J. and the nature of his disabilities. Plaintiffs allege this created a hostile environment.

Defendants SSMUSD and Cronrod move for summary judgment, arguing no facts support the causes of action for defamation, invasion of privacy, intentional infliction of emotional distress, negligent infliction of emotional distress, negligent supervision, negligence, violation of the Unruh Civil Rights Act, negligent training and supervision and respondeat superior. In the alternative, defendants seek summary adjudication.

Evidentiary Objections

SUSTAINED as to defendant’s objections 1-8 and 11, 12, 13, 15, 19, 22, 24, 27 for hearsay and lack of foundation.

Plaintiff’s Concessions

Plaintiffs admit “neither O.J. nor his parents have suffered either medical or emotional damages recognized under law. Therefore, Plaintiffs concede that the causes of action that require such damages may be dismissed[.]” Opp. at pgs. 12-13. This is an admission that the causes of action for intentional infliction of emotional distress, negligent infliction of emotional distress, negligence and negligent training and supervision – which each requires damages – all fail for lack of evidence of damages. Summary adjudication GRANTED as to the third, fourth, sixth, seventh and eighth causes of action.

Request for Continuance

Under Cal. Code of Civ. Proc. §437c(h), a court must deny a motion for summary judgment and grant a continuance “[i]f it appears from the affidavits submitted in opposition . . . that facts essential to justify opposition but cannot, for reasons stated, the court shall deny the motion.” A party seeking a continuance under this section must show (1) the facts to be obtained are essential to opposing the motion, (2) there is reason to believe such facts may exist, and (3) the reasons why additional time is needed to obtain those facts. Combs v. Skyriver Communications, Inc. (2008) 159 Cal.App.4th 1242, 1270.

Plaintiffs request the motion be continued to allow them to depose Cronrod and two other school employees, whom the District has agreed to produce in March. Plaintiffs argue these depositions are likely to reveal information regarding whether and to what extent Cronrod shared information with other parents and the nature of Cronrod’s treatment and supervision of O.J. in the classroom. Plaintiffs detailed the facts to be obtained and their reason to believe such facts may exist. They also explained why they did not obtain these depositions earlier – that they were meeting and conferring regarding deposition dates when the opposition was filed. A brief continuance on the hearing pending additional discovery is GRANTED.