No. D047040.

57 Cal.Rptr.3d 454 (2007)

149 Cal.App.4th 860

AUSTIN B., A Minor, etc., et al., Plaintiffs and Appellants, v. ESCONDIDO UNION SCHOOL DISTRICT et al., Defendants and Respondents.

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

April 13, 2007.

Attorney(s) appearing for the Case

Andrea R. Leavitt and Patricia A. Lewis, San Diego, for Plaintiffs and Appellants.

Stutz Artiano Shinoff & Holtz, Daniel R. Shinoff, San Diego, Jack M. Smith, Jr., and Paul V. Carelli IV, Temecula, for Defendants and Respondents.

NARES, Acting P.J.

In this action minor plaintiffs Austin B. and Jessica B. (together, plaintiffs), both of whom are minors who have a severe form of autism, allege that Shawn Tyler Priest, their preschool instructor in the Escondido Union School District (the District), engaged in abusive conduct against them while they were attending school.

We conclude on the plaintiffs' battery claim that the court did not err by including in its jury instructions and...

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