Sunday, March 3, 2013

Back in Court This Week

2012-13 Facilities Complaint and Cross Complaint

This Tuesday morning at 9am we will be back in court again.  BCS has brought a third motion in an attempt to quash a hearing on the District's Cross-Complaint.  (The first two were the BCS anti-SLAPP motion, and the BCS demurrer.  Judge Lucas ruled for LASD on both motions.)

In this motion, BCS has expanded their argument and is telling the court that LASD need to have addressed raised our concerns about their admissions practices and handling of students through the SCCBOE. I would make the observation that LASD, and the parent community, have repeatedly raised these concerns to the SCCBOE, who have taken no action.  In many cases, the responses we have received from the SCCBOE members have been downright hostile.  I would also note that we are not asking the court to take any specific action regarding the practices.  We are simply asking the court whether these practices have any impact on our facilities obligation.

Revisiting the same request (dismissal of the Cross-Complaint) is highly unusual, which LASD has raised in our response.  LASD has asked the courts to sanction BCS for bringing the same motion several times, as this is not permitted under the law.  It is another example of the "litigate at all costs" approach to dealing with LASD.

This will be our first hearing in front of a Judge Carol Overton.  Judge Lucas has rotated to a new assignment, and Judge Overton is now hearing this matter.