Danielle Howard MARTINEZ; D. P., a minor, by his Guardian ad Litem Erica Wedlow; K. P., a minor, by his Guardian ad Litem Brittany Williams; T. W., a minor by his Guardian ad Litem Dahl Johnson; P. C., a minor by her Guardian ad Litem Raven Campbell; Lashonda Hubbard; Amber Wood, Plaintiffs-Appellants,
v.
Gavin NEWSOM, Governor; State of California; California State Board of Education; California Department of Public Health; California Health and Human Services; Sandra Shewry, State Public Health Officer and Department of Public Health Director; California Department of Education; Tony Thurmond, State Superintendent of Public Education; California School for the Deaf, Fremont and Riverside; California School for the Blind Diagnostic Center, Northern California, Central California Southern California; Fremont Unified School District; Oakland Unified School District; Mt. Diablo Unified School District; San Ramon Valley Unified School District; West Contra Costa Unified School District; Cupertino Union School District; Hayward Unified School District; San Juan Unified School District; SBE Latitude 37.8 High School; Long Beach Unified School District; South Pasadena Unified School District; Capistrano Unified School District; Santa Ana Unified School District; Riverside Unified School District; Chaffey Joint Union High School District; Milpitas Unified School District; Garden Grove Unified School District; Irvine Unified School District; Corona-Norco Unified School District; Moreno Valley Unified School District; Etiwanda Elementary School District; San Bernardino City Unified School District; San Francisco Unified School District; Los Angeles Unified School District; San Jose Unified School District; SBC-High Tech High School District, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted December 6, 2021.
Submission Vacated March 7, 2022.
Resubmitted August 17, 2022 Pasadena, California.
Filed August 24, 2022.
Attorney(s) appearing for the Case
Maxwell V. Pritt (argued) and Erica Nyborg-Burch (argued), Boies Schiller Flexner LLP, San Francisco, California; Diana Renteria , Law Offices of Sheila C. Bayne, Newport Beach, California; for Plaintiffs-Appellants.
Len Garfinkel (argued), Deputy General Counsel; Amy Bisson Holloway , General Counsel; California Department of Education, Sacramento, California; for Defendants-Appellees California Department of Education, Tony Thurmond, California School for the Deaf, and California School for the Blind Diagnostic Center.
S. Daniel Harbottle (argued), Sydney J. Blaauw , and Tracy Petznick Johnson , Harbottle Law Group, Irvine, California, for Defendants-Appellees Corona-Norco Unified School District, Garden Grove Unified School District, Irvine Unified School District, and Moreno Valley Unified School District.
Marlon C. Wadlington (argued), Scott D. Danforth , and Kristin M. Meyers , Atkinson Andelson Loya Ruud & Roma, Cerritos, California, for Defendants-Appellees Chaffey Joint Union High School District, Capistrano Unified School District, Long Beach Unified School District, Riverside Unified School District, Santa Ana Unified School District, South Pasadena Unified School District, and Milpitas Unified School District.
Kirin K. Gill , Deputy Attorney General, Rob Bonta , Attorney General; Office of the Attorney General, Sacramento, California; for Defendants-Appellees Gavin Newsom, State of California, California State Board of Education, California Department of Public Health, California Health and Human Services, and Sandra Shewry.
Seth Gordon and Louis Leone , Leone Alberts & Duus APC, Concord, California, for Defendants-Appellants Fremont Unified School District, Oakland Unified School District, Mt. Diablo Unified School District, San Ramon Valley Unified School District, West Contra Costa Unified School District, and Cupertino Union School District.
Lynn A. Garcia and Domenic D. Spinelli , Spinelli Donald & Nott, Sacramento, California, for Defendants-Appellees Hayward Unified School District and San Juan Unified School District.
Katherine C. Den Bleyker , Lewis Brisbois Bisgaard & Smith LLP, Los Angeles, California, for SBE Latitude 37.8 High School.
Edward Kang and Thomas Madruga , Olivarez Madruga Law Organization LLP, Los Angeles, California, for Defendants-Appellees Etiwanda Elementary School District and San Bernardino City Unified School District.
Mark Saul Posard , Gordon Rees LLP, San Francisco, California, for Defendant-Appellee San Francisco Unified School District.
Sue Ann Evans , Managing Senior Counsel, Dannis Woliver Kelley , Long Beach, California, for Defendants-Appellees Los Angeles Unified School District and San Jose Unified School District.
Kevin S. Wattles , Soltman Levitt Flaherty & Wattles LLP, Thousand Oaks, California, for Defendant-Appellee SBC — High Tech High School District.
Concurrence by Judge Lee.
OPINION
M. SMITH, Circuit Judge:
A group of students and parents allege that every school district in California failed to adequately accommodate special needs students after California public schools transitioned to remote instruction in March 2020 in response to the COVID-19 pandemic. To address appellants' claims, we examine whether...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
