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Brief Supporting Petition for Writ of Mandate in Balde v. Alameda Unified School District

Brief Supporting Petition for Writ of Mandate in Balde v. Alameda Unified School District

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Published by Michael Ginsborg
Memorandum of points and authorities supporting petition for writ of mandate in Balde v. Alameda Unified School District, No. RG09-468037 (Alameda County Super. Ct.), filed 09/21/09, referenced at http://prop8legalcommentary.blogspot.com. I exclude all exhibits except for Exhibit 6.
Memorandum of points and authorities supporting petition for writ of mandate in Balde v. Alameda Unified School District, No. RG09-468037 (Alameda County Super. Ct.), filed 09/21/09, referenced at http://prop8legalcommentary.blogspot.com. I exclude all exhibits except for Exhibit 6.

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Categories:Types, Research, Law
Published by: Michael Ginsborg on Sep 25, 2009
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04/10/2013

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718047*
1
FILE
ALAMia)A 0$)th
P 21 4009
SlIP910
R COURT
Kevin T. Snider, State Bar No. 170988
Matthew B. McReynolds, State Bar No. 234797
PACIFIC JUSTICE INSTITUTE
212 9
Ih
St., Suite 208
Oakland, CA 94607
Tel. (510) 834-7232
kevinsnider@pacificiustice.orgmattmcreynolds@pacificjustice.org
By
Deputy
Attorneys for Petitioners
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ALAMEDA
AISHA BALDE, JOLENE CHAN,
TOMMY CHEUNG, DANIEL CHIN,
HANFORD CHIU, RICHARD CLARK,
DIANE CLARK, MIKEL DEL
ROSARIO, ARCHIE FELDC, FAME
FELIX, WENDY FONG, SUE FUNG,
MARIA GUADALUPE GOMEZ, JUDY
JOHANSING, DANLIN LI, KERRILONERGAN, MATT LONERGAN,LINDA MORGAN, JONATHAN
STAIRS, and VICKI STAIRS,
Petitioners,
V.
ALAMEDA UNIFIED SCHOOLDISTRICT, KIRSTEN VITAL,SUPERINTENDENT, in her official
capacity.
Respondents.
)
Case No.: RG 09-468037
))
)
NOTICE OF MOTION AND MOTION
)
FOR
THE
ISSUANCE OF AN
) ALTERNATIVE WRIT OF
) MANDAMUS; APPLICATION FOR
) THE ISSUANCE OF AN
)
ALTERNATIVE WRIT OF) MANDAMUS; MEMORANDUM OF
) POINTS AND AUTHORITIES IN) SUPPORT OF THF. FIRST AMENDED) VERIFIED PETITION FOR WRIT OF
) MANDAMUS
) Date:
Oct. 5, 2009
)
Time:
9:00 a.m.
)
Dept.:
31
5
Hon.:
Frank Roesch
)
) RESERVATION #: R-980972
)
)
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Motion for writ of Mandamus
 
1
NOTICE OF MOTION FOR THF ISSUANCE OF AN
2
ALTERNATIVE WRIT OF MANDAMUS
3
4 To:
The Parties and Their Attorneys of Record
5 Please take notice that, on October 5, 2009, in Department 31 of the Superior Court of California,
6 County of Alameda, located at 201 13
th
Street, Oakland, California, 94612, at 9:00 a.m., attorneys
7 for Petitioners, AISHA BALDE, JOLENE CHAN, TOMMY CHEUNG, DANIEL CHIN,
8
HANFORD CHIU, RICHARD CLARK, DIANE CLARK, MIKEL DEL ROSARIO, ARCHIE
9
10 FELIX, J'AIME FELIX, WENDY FONG, SUE FUNG, MARIA GUADALUPE GOMEZ, JUDY11 JOHANSING, DANLIN LI, KERRI LONERGAN, MATT LONERGAN, LINDA MORGAN,
12 JONATHAN STAIRS, and VICKI STAIRS (hereinafter referred to
as
"Petitioners") will move as
13 follows:
14
For the issuance of an alternative writ of mandamus as per the California Code of Civil
15 Procedure §1085, directing Respondents, Alameda Unified School District and Kirsten Vital in
16
17 her official capacity, and their agents, to allow the Petitioners to have their children excused from
18 a portion of health instruction entitled
Safe School Community Curriculum — Lesson 9,
also know
19 as the
Caring School Community supplement, Lesson
9, for the 2009-2010 school year as well as20 subsequent school years as per Education Code §51240 or to show cause before this Court why21 they have not done so and why a preemptory writ should not issue.
22
23
This motion is based on this NOTICE OF MOTION FOR THE ISSUANCE OF
24 ALTERNATIVE WRIT OF MANDAMUS, the FIRST AMENDED VERIFIED PETITION FO
25 WRIT OF MANDAMUS, the MEMORANDUM OF POINTS AND AUTHORITIES
26 SUPPORT OF THE FIRST AMENDED VERIFIED PETITION FOR WRIT OF MANDAMUS
27 the DECLARATION OF KEVIN T. SNIDER, the exhibits and records lodged in support of th
28
Motion for Writ of Mandamus
 
9
FIRST AMENDED VERIFIED PETITION FOR WRIT OF MANDAMUS, upon all the papers
records, and documents on file herein, and upon evidence, oral and documentary, which have o
may be submitted on these matters.
Dated: September 17, 2009
By
Kevin T. Snider
Matthew B. McReynolds
PACIFIC JUSTICE INSTITUTE
P.O. Box 276600Sacramento, CA 95827
Tel. (916) 857-6900Fax (916) 857-6902
kevinsniderapacificiustice.org
matUncreynolds@pacificjustic,e.org
Attorneys for Petitioners
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Motion for Writ of Mandamus

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