California Court of Appeal

In an action for damages on behalf of plaintiff's son who plaintiff alleges was bullied due to his disabilities, and on plaintiff-father's own behalf, for relief in mandate and as a taxpayer requiring that defendant-school district comply with the requirements of the discrimination and harassment provisions of the Government Code and the Education Code, judgment dismissing plaintiff-father's claims is reversed and remanded, where: 1) the trial court erred in sustaining defendant-school district's demurrer on the grounds plaintiff-father lacked standing because as a citizen and taxpayer, plaintiff-father has standing to seek enforcement of laws in which there is an identified public as well as private interest; and 2) plaintiff-father's complaint arguably alleges breach of a mandatory duty.

Appellate Information

• Decided 06/24/2014
• Published 06/24/2014

Judges

• BENKE,

Court

• California Court of Appeal

Counsel