Susan B. v. Los Angeles Unif. School Dist
Filed 3/29/06 Susan B. v. Los Angeles Unif. School Dist. CA2/2
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION TWO
| SUSAN B., a Minor, etc., Plaintiff and Appellant, v. LOS ANGELES UNIFIED SCHOOL DISTRICT et al., Defendants and Appellants. | B176830 (Los Angeles County Super. Ct. No. BC273570) |
APPEAL from an order of the Superior Court of Los Angeles County. Warren L. Ettinger, Judge. Reversed.
Briskin, Latzanich & Pene, Katherine B. Pene and Jeffrey F. Briskin for Plaintiff and Appellant.
Haight, Brown & Bonesteel, Rita Gunasekaran, J. Alan Warfield; Ivie, McNeill & Wyatt, W. Keith Wyatt, Karleen J. Warren and Joung H. Yim for Defendants and Appellants.
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This appeal and cross-appeal arise out of a trial court's order imposing $50,000 in sanctions pursuant to former Code of Civil Procedure section 2033, subdivision (o)[1] against defendant Los Angeles Unified School District (LAUSD).[2] Plaintiff Susan B. filed a cross-appeal, claiming that the amount awarded is too low and that interest on that award runs from the date of the verdict, not from the date of entry of the order granting sanctions.
We conclude that the trial court erred in awarding attorney fees to Susan B. and against LAUSD. Susan B.'s motion for sanctions was based exclusively upon LAUSD's denial of four improper requests for admission (RFA). Because LAUSD justifiably denied those RFA's, sanctions pursuant to former section 2033, subdivision (o) were unwarranted, and the order awarding those sanctions is reversed. It follows that Susan B.'s cross-appeal is moot.
FACTUAL AND PROCEDURAL BACKGROUND
LAUSD's hiring and retention of James McConnell (McConnell)
In March 1998, McConnell, a 60-year-old music teacher, applied for employment with LAUSD. On his application, next to the line that asks whether the applicant has â€
