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David S. Hernandez v. Marysville Joint Unified School District

March 28, 2012

DAVID S. HERNANDEZ, PLAINTIFF AND APPELLANT,
v.
MARYSVILLE JOINT UNIFIED SCHOOL DISTRICT, DEFENDANT AND RESPONDENT.



(Super. Ct. No. CVCV090000976)

The opinion of the court was delivered by: Murray , J.

Hernandez v. Marysville Joint Unif. School Dist.

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

David S. Hernandez brings this pro se appeal from the judgment in favor of Marysville Joint Unified School District (MJUSD), entered after the court sustained its demurrer to his complaint without leave to amend.

We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Hernandez alleges that, in November 2007, he went to his daughter's elementary school to "have an on[]site visit" with her. School employees contacted the child's mother, who called 911 and took the child from school.

The Stanislaus County Action

Hernandez sued MJUSD in the Superior Court of Stanislaus County (case No. 626686), seeking $25 million in damages for alleged wrongdoing by school personnel during his attempted school visit, on theories of "Civil/Vicarious Liabilities and Discrimination."*fn1

After Hernandez served MJUSD with the complaint in the Stanislaus County action, MJUSD moved to change venue to Yuba County. Hernandez filed no opposition to the motion. The court granted the motion in December 2008 and ordered that the case be transferred to the Superior Court of Yuba County, and that Hernandez pay a case transfer fee in addition to attorney fees in the amount of $287.50.

Hernandez failed to pay the transfer fee and attorney fees within 30 days of the notice of entry of the order, the case was not transferred, and MJUSD moved to dismiss it. The court granted the motion and dismissed ...


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