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Education Law
Due Process Violation
Charter Schools Act

Magnolia Education and Research Foundation dba Magnolia Public Schools v. Los Angeles Unified School District, and Does 1 through 10, inclusive

Published: Aug. 30, 2014 | Result Date: Jul. 3, 2014 | Filing Date: Jan. 1, 1900 |

Case number: BS149626 Bench Decision –  Preliminary Injunction

Court

L.A. Superior Central


Attorneys

Plaintiff

Paul C. Minney
(Young, Minney & Corr LLP)

Kathleen M. Ebert

Lisa A. Corr

Catherine E. Flores
(Office of the Attorney General)


Defendant

Bryan J. Park

Sue Ann S. Evans
(Dannis Woliver Kelley)


Facts

Magnolia Educational & Research Foundation filed a verified petition for writ of mandate and complaint for injunctive and declaratory relief against Los Angeles Unified School District.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that LAUSD's Charter Schools Division sent plaintiff a letter on June 27, 2014 advising it that two of the charter schools operated by plaintiff did not meet certain LAUSD renewal conditions due to the schools' poor financial conditions. Plaintiff argued that it would suffer irreparable harm unless the court ordered injunctive relief. Plaintiff further argued that it was entitled to injunctive relief because LAUSD improperly denied the charter schools' renewal application because the LAUSD's Board did not approve the June 27, 2014 findings.

DEFENDANT'S CONTENTIONS:
LAUSD argued that the findings in the June 27, 2014 letter were valid because the Board properly delegated its power to issue written findings to LAUSD's staff.

Result

The court granted plaintiff's motion for preliminary injunction, finding that the June 27, 2014 findings were ineffective. The court's holding was based, in part, on the fact that there was "no evidence that the LAUSD Board approved or ratified" the June 27, 2014 findings and decision. Also finding that the plaintiff would suffer irreparable harm without an injunction, the court enjoined LAUSD from enforcing the June 27, 2014 decision of non-renewal of the subject charter schools, subject to certain conditions. The court further held that the charter schools in question could continue to operate, until further order of the court.


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