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Answer to First Amended Petition for Writ of Mandate in Balde v. AUSD

Answer to First Amended Petition for Writ of Mandate in Balde v. AUSD

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Published by Michael Ginsborg
Answer to first amend petition for writ of mandate, filed 10-22-09, in Balde v. Alameda Unified School District, No. RG09-468037 (Cal. Alameda County Super. Ct.)
Answer to first amend petition for writ of mandate, filed 10-22-09, in Balde v. Alameda Unified School District, No. RG09-468037 (Cal. Alameda County Super. Ct.)

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Categories:Types, Research, Law
Published by: Michael Ginsborg on Oct 27, 2009
Copyright:Attribution Non-commercial

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05/24/2012

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LOUIS A. LEONE (SBN: 099874)KATHERINE A. ALBERTS (SBN: 212825)
STUBBS & LEONE
A Professional Corporation2175 N. California Blvd., Suite 900
Walnut Creek, CA 94596
Telephone: (925) 974-8600
Facsimile:
(925) 974-8601
Attorneys for Respondents
ALAMEDA UNIFIED SCHOOL DISTRICT andKIRSTEN VITAL
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COUNTY
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SUPERIOR COURT OF THE STATE OF CALIFORNIACOUNTY OF ALAMEDA
Case No.:. RG 09-468037
ISHA BALDE, JOLELE CHAN, TOMMYCHEUNG, DANIEL CHIN, HANDFORDCHIU, RICHARD CLARK, DIANECLARK, MIKEL DEL ROSARIO, ARCHIEFELIX, J'AIME FELIX, WENDY FONG,SUE FONG, MARIA GUADALUPEGOMEZ, JUDY JOHANSING, DANLINLI, KERRI LONERGAN, MATTLONGERAN, LIND MORGAN,JONATHAN STAIRS, and VICKI
STAIRS,
Petitioners,
VS.
ALAMEDA UNIFIED SCHOOL
DISTRICT, KIRSTEN VITAL,SUPERINTENDENT, in her official
capacity.Respondents.
ANSWER TO FIRST AMENDEDVERIFIED PETITION FOR WRIT OF
MANDAMUS
BY FAX
 
COMES NOW Respondents ALAMEDA UNIFIED SCHOOL DISTRICT
("DISTRICT") and KIRSTEN VITAL, and for their answer to the First Amended Verified
Petition for Writ of Mandamus by Petitioners AIESHA BALDE ET AL. on file herein,
admits, denies and allege as follows:
INTRODUCTION
Respondents oppose the issuance of the Writ of Mandamus prayed for by
Petitioners in this action. The Education Code allows a parent to opt out their child from
school lesson in very limited circumstances. California Education Code §51240 allows
an opt out for a "school's instruction in health." The lesson at issue in this Petition,Lesson 9, is not part of the school's instruction in health, but rather was adopted by theDistrict as part of its Caring School Community Curriculum. Lesson 9 is part of an anti-bullying and anti-harassment curriculum adopted pursuant to the District's statutory duty
to provide safe and non-discriminatory schools to all students. Therefore, the Caring
School Community Curriculum is not part of the "school's instruction in health" and not
subject to the opt out in Education Code §51240.
PARTIES
1.
Responding to paragraph 1 of the Petition, Respondents lack sufficientinformation and belief upon which to admit or deny the allegations in paragraph 1, and
as such, the allegations are denied.
2.
Responding to paragraph 2 of the Petition, Respondents lack sufficientinformation and belief upon which to admit or deny the allegations in paragraph 2, and
as such, the allegations are denied.
3.
Responding to paragraph 3 of the Petition, Respondents lack sufficientinformation and belief upon which to admit or deny the allegations in paragraph 3, and
as such, the allegations are denied.
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4.
Responding to paragraph 4 of the Petition, Respondents lack sufficientinformation and belief upon which to admit or deny the allegations in paragraph 4, and
as such, the allegations are denied.
5.
Responding to paragraph 5 of the Petition, Respondents lack sufficientinformation and belief upon which to admit or deny the allegations in paragraph 5, and
as such, the allegations are denied.
6.
Responding to paragraph 6 of the Petition, Respondents lack sufficientinformation and belief upon which to admit or deny the allegations in paragraph 6, and
as such, the allegations are denied.
7.
Responding to paragraph 7 of the Petition, Respondents lack sufficientinformation and belief upon which to admit or deny the allegations in paragraph 7, and
as such, the allegations are denied.
8.
Responding to paragraph 8 of the Petition, Respondents lack sufficientinformation and belief upon which to admit or deny the allegations in paragraph 8, and
as such, the allegations are denied.
9.
Responding to paragraph 9 of the Petition, Respondents lack sufficientinformation and belief upon which to admit or deny the allegations in paragraph 9, and
as such, the allegations are denied.
10.
Responding to paragraph 10 of the Petition, Respondents lack sufficientinformation and belief upon which to admit or deny the allegations in paragraph 10, and
as such, the allegations are denied.
11.Responding to paragraph 11 of the Petition, Respondents lack sufficientinformation and belief upon which to admit or deny the allegations in paragraph 11, and
as such, the allegations are denied.
12.Responding to paragraph 12 of the Petition, Respondents lack sufficientinformation and belief upon which to admit or deny the allegations in paragraph 12, and
as such, the allegations are denied.
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