Case Number: BC644517 Hearing Date: December 26, 2017 Dept: 93

MOVING PARTY: Plaintiff Jadon Lee

RESPONDING PARTY: Defendant San Marino Unified School District

The court considered the moving and defendant’s non-opposition papers.

BACKGROUND

On December 21, 2016, plaintiff Jadon Lee, a minor by and through his guardian ad litem, David W. Lee, filed a complaint against defendant San Marino Unified School District for negligence/violation of statutory duty.

On June 22, 2017, plaintiff filed an amendment to complaint, designating Ellie Kao as Doe 1.

On July 6, 2017, plaintiff filed a First Amended Complaint for negligence/violation of statutory duty, negligence, and parental liability for student misconduct.

LEGAL STANDARD

Education Code §49076(a) provides: “A school district shall not permit access to pupil records to a person without written parental consent or under judicial order except as set forth in this section and as permitted by Part 99 (commencing with Section 99.1) of Title 34 of the Code of Federal Regulations.”

Education Code §49077 states in part, “Information concerning a student shall be furnished in compliance with a court order or a lawfully issued subpoena.”

CCP §2017.010 provides in part: “Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.”

DISCUSSION

Plaintiff requests an order for the release of school records limited to address, date of birth, and the names of defendant Ellie Kao’s parents to allow plaintiff to serve defendant and her parents.

Plaintiff contends that this case arises out of a December 4, 2015 incident during normal school hours at Valentine Elementary School, wherein plaintiff sustained a traumatic brain injury, when a fellow student, defendant Ellie Kao, struck plaintiff, causing him to hit the ground. During written discovery, plaintiff served special interrogatories requesting information as to the parents of defendant Kao. Defendant school district has refused to produce any information about the Kaos without court order.

The motion is GRANTED.

The court orders defendant San Marino Unified School District to release Ellie Kao’s school records limited to address, date of birth, and names of defendant’s parents, within 15 days.

Plaintiff is ordered to give notice of this ruling.

IT IS SO ORDERED.

DATED: December 26, 2017

_____________________________

Dennis J. Landin

Judge of the Superior Court