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STATE OF CALIFORNIA v. SUPERIOR COURT

Docket No. D016711.

8 Cal.App.4th 954 (1992)

10 Cal. Rptr.2d 527

THE STATE OF CALIFORNIA, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; USHANA D. et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division One.

August 7, 1992

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Marvin Goldsmith, Assistant Attorney General, Luis R. Vargas and Karen M. Walter, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Kenneth H. Stone, Gary S. Plavnick, McInnis, Fitzgerald, Rees, Sharkey & McIntyre, Steven J. Cologne and Earl H. Maas for Real Parties in Interest.

OPINION

HUFFMAN, J.

This case raises the question whether Education Code,1 section 44346, subdivision (a)(2) creates a mandatory duty under Government Code, section 815.6 on the part of governmental entities to deny a teaching credential to an applicant who has been convicted of a sex offense, making those entities liable to the students the teacher subsequently...

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