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)
Catherine E. Flores
(Office of the Attorney General)
Defendant
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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