A plaintiff claiming violation of federal civil rights does not have to comply with the California Torts Claim Act. Defendants Rall and Wagg are to serve and file their answers no later than Friday, June 15, 2001. The notice set forth in counsel's motion is not the correct one. This minute order is effective immediately. In its reply separate statement, defendants argue the fact is undisputed because plaintiff has not presented evidence to dispute the cited fact.
Defendants misunderstand their burden as the moving party.
If the evidence cited does not support the fact, then it is not an undisputed fact, regardless of whether plaintiff provides contrary evidence or not. The motion for summary adjudication of the first and fourth causes of action is denied. Defendants argue plaintiff must establish a nexus between the alleged violations of the Education Code and her claimed damages. The burden is on the defendant to show there are no triable issues of material fact and they are entitled to summary judgment as a matter of law. It is their burden to demonstrate, by undisputed facts, that plaintiff cannot show any damages as a result of her allegations.