Facts

Plaintiff Elliot Kreitenberg was trying out for the position of short-stop on the Junior Varsity baseball team at Los Alamitos High. Plaintiff was cut by the team's coach, defendant Mark Clabough. A complaint was made to the Los Alamitos Unified School District and plaintiff was reinstated based in part on a purported medical condition. Plaintiff then was cut again by defendant Clabough.

Plaintiff and his parents brought this action originally consisting of 11 causes of action. After several demurrers, and two writ proceedings by plaintiffs, which were denied, the parents were dismissed entirely and the operative 4th amended complaint had only two causes of action remaining, violation of the Unruh Civil Rights Act and intentional infliction of emotional distress against Clabough and the district. Plaintiffs have appealed.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that the cuts were due to Clabough's discrimination against Elliot and his parents because they are Jewish and because of their complaint to the LAUSD. Plaintiffs further contend that Clabough's retaliation included leaking private and confidential information regarding Elliot's medical condition to the Orange County Register, which was then published in the paper.

Another alleged instance of anti-Semitism occurred at an awards ceremony where Elliot purportedly was given a Hank Greenberg baseball card, which was termed the "Jew card" by a teammate, while other teammates received cards based upon similarity in field position they played.

DEFENDANTS' CONTENTIONS:
Defendants contended that there was no evidence to raise a triable issue of act to show that defendants intentionally discriminated against plaintiff based on religion. Although plaintiffs alleged a variety of facts in the complaints including claims that defendants kept a "black list" of Jewish students and their families, that plaintiff was told he could not take time off from school or baseball practice for religious reasons, but had no evidence of these allegations.

Defendants also contended that there was no evidence of extreme and outrageous conduct or intent to cause emotional distress to support intentional infliction of emotional distress.

It was uncontested that Clabough did not choose the baseball cards given, nor did he know which card was given to plaintiff.

Further, while defendants denied that Clabough called plaintiff a designated Hebrew, but even if true, it was an isolated incident of a tasteless attempt at a joke.

Settlement Discussions

Plaintiffs claimed they would settle for reimbursement for private school tuition for Elliot and his sister who they also removed from the district, and attorney fees and costs in excess of $300,000. Clabough would have settled for a public apology from plaintiffs for their unfounded allegation that he was anti-Semitic and a dismissal of the complaint.

Result

Defense.

Other Information

FILING DATE: Nov. 10, 2008.