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LEVI v. O'CONNELL

No. C051722.

50 Cal.Rptr.3d 691 (2006)

144 Cal.App.4th 700

Leila J. LEVI et al., Plaintiffs and Appellants, v. Jack O'CONNELL, as Superintendent of Public Instruction, etc., et al., Defendants and Respondents.

Court of Appeal of California, Third District.

November 7, 2006.

Attorney(s) appearing for the Case

The Pro-Family Law Center, Richard D. Ackerman, for Plaintiffs and Appellants.

Allan J. Keown, for Defendants and Respondents.

CANTIL-SAKAUYE, J.

In this case we consider whether the California Department of Education (CDE)1 is required to pay for the college education of an extremely gifted student under the age of 16. We conclude it is not. We shall affirm the judgment of dismissal of plaintiffs' action entered following the trial court's sustaining of CDE's demurrer without leave to amend.

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