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UNZUETA v. OCEAN VIEW SCHOOL DIST.

Docket No. B058873.

6 Cal.App.4th 1689 (1992)

8 Cal. Rptr.2d 614

SIMON UNZUETA, Plaintiff and Respondent, v. OCEAN VIEW SCHOOL DISTRICT, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

June 4, 1992.

Attorney(s) appearing for the Case

COUNSEL

Lawler, Bonham & Walsh and Donald F. Austin for Defendant and Appellant.

Kronick, Moskovitz, Tiedemann & Girard and Donna Matties as Amici Curiae on behalf of Defendant and Appellant.

Hathaway, Perrett, Webster, Powers & Chrisman and Paul D. Powers for Plaintiff and Respondent.

A. Eugene Huguenin, Jr., Beverly Tucker, Diane Ross and Ramon E. Romero as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

YEGAN, J.

In 1935 Judge Learned Hand asked: "How far is a judge free in rendering a decision?" (Hand, The Spirit of Liberty (1952).) Judge Hand did not answer the question but did put the judicial dilemma in perspective by saying: "So you will see that a judge is in a contradictory position; he is pulled by two opposite forces. On the one hand he must not enforce whatever he...

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