Demurrer - Gonzalez v. HLPUSD Attorneys Courtney L. Hylton and Brendan M. Gardiner successfully Demurred without leave to amend for a claim arising out of a high school student committing suicide by walking in front of a train off-campus and after school. The District successfully demurred to the Complaint on the grounds the claims were excluded by Education Code section 44808 which immunizes liability for off-campus incidents absent a specific undertaking.
MSJ Granted – Cohen v. Newport-Mesa Unified School District Hylton & Associates attorneys Courtney L. Hylton and Pancy Lin obtained summary judgment of a lawsuit filed by a plaintiff claiming pregnancy disability discrimination, retaliation, and harassment, and failure to accommodate her lactation needs. The District made the decision not to re-hire the plaintiff, who was a part-time support teacher with the District, based upon attendance and tardiness challenges, lack of initiative, and underperformance. In granting summary judgment in favor of the defendant, [...]
Arbitration Award - Confidential Claimant v. Respondent Community College District Hylton & Associates attorneys Courtney L. Hylton and Pancy Lin obtained an arbitration award in favor of Respondent Community College District and against Claimant, a former Dean of Kinesiology and Athletics at Santa Ana College. Claimant claimed whistleblower retaliation when the District decided not to renew his employment agreement and not to re-employ him. After a four-day arbitration and multiple rounds of closing briefing, the Arbitrator concluded that Claimant failed to prove [...]
Defense Verdict - S.C. v. Chaffey Joint Union High School District, et al. Plaintiff, an African American sophomore on the JV volleyball team, had ongoing conflicts with her coaches. On one occasion, Plaintiff had to do a bear crawl across the gym floor with a towel under her hands as punishment for missing practice without informing the coaches. Doing a bear crawl was a common punishment for players and the towel was intended to make the player slide across the floor easier. [...]
Anti-SLAPP Granted - Hallsted v. Coast Community College District Description of Trial or Motion: Hylton & Associates' Founding Partner Courtney Hylton and Associate Anna Huffman prevailed on a Special Motion to Strike Plaintiff’s Complaint pursuant to the anti-SLAPP Statue, Code of Civil Procedure § 425.16. Hylton & Associates represented a community college district and three district employees in a defamation case venued in Orange County. Plaintiff claimed she was defamed by a Board agenda item which was posted on the District’s website. [...]
MSJ Granted - Ponce v. Orange County Department of Education Ponce v. Orange County Department of Education - Hylton & Associates attorney's Courtney L. Hylton and Pancy Lin obtained summary judgment of a lawsuit filed by a plaintiff claiming whistleblower retaliation pursuant to Labor Code § 1102.5. In granting summary judgment in favor of the defendant, the Court agreed with the defense's contentions that the plaintiff did not engage in any protected activity and was not subjected to any adverse employment action(s). [...]
MSJ Granted – B.B., et al. v. Capistrano Unified School District, et al. Plaintiff filed a 42 U.S.C. 1983 claim against individual District employees alleging that when she was a first-grade student, she suffered first amendment violations when she was allegedly disciplined for a drawing she made and gave to a bi-racial first-grade student depicting the phrase, "Black Lives Matter" and "any life". The mother of the recipient student emailed the principal stating she did not want her child to receive political messages [...]
MSJ Granted - M.N.A. v. Keith, et al M.N.A. v. Keith, et al. - In this case, Plaintiff, a disabled, autistic minor, was allegedly assaulted and battered by her childcare provider, to whom she was referred by our client, Child Care Resource Center ("CCRC"), a non-profit organization. CCRC provided Plaintiff's mother with several referrals to choose from, and Plaintiff's mother chose the provider after interviewing her and visiting her home. Plaintiff claimed CCRC was negligent and violated CANRA in referring Plaintiff's mother [...]
Defense Verdict - Martinez v. Fullerton School District Partners Courtney L. Hylton and Pancy Lin Obtain Another Defense Verdict! Hylton & Associates Partners Courtney L. Hylton and Pancy Lin obtained a defense verdict for the Fullerton School District in a personal injury case venued in Orange County. Plaintiff alleged the negligent supervision of a game of musical chairs caused a traumatic brain injury, post-traumatic stress disorder, anxiety, panic attacks, and changes in her personality/mood. The District vigorously maintained the school activity was [...]
Defense Verdict - Nguyen v. Brea Olinda Unified School District Orange County Jury Returns 12-0 Defense Verdict! Hylton & Associates Partners Courtney L. Hylton and Pancy Lin obtained a complete defense verdict for the Brea Olinda Unified School District in an employment discrimination case. Plaintiff’s employment with the District was at-will and subject to renewal every year. Plaintiff alleged the District’s decision not to rehire Plaintiff for the following year was due to age discrimination and retaliation. Prior to trial, Hylton & Associates [...]