COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF AND PETITION FOR WRIT OF MANDATE: SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, NORTH COUNTY DIVISION, LET THEM BREATHE; REOPEN CALIFORNIA SCHOOLS, Plaintiffs, v. GAVIN NEWSOM, in his official capacity as Governor of the State of California; DEPARTMENT OF PUBLIC HEALTH OF THE STATE OF CALIFORNIA; DR. TOMÁS ARAGÓN, in his official capacity as Director and State Public Health Officer of the Department of Public Health of the State of California; DR. MARK GHALY, in his official capacity as Secretary of the Department of Health and Human Services of the State of California; DR. NAOMI BARDACH, in her official capacity as Successful Schools Team Lead and Safe Schools for All Team Lead for the Department of Health and Human Services of the State of California; and DOES 1–50, inclusive, Defendants.

 

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SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, NORTH COUNTY DIVISION

LET THEM BREATHE; REOPEN CALIFORNIA SCHOOLS, Plaintiffs,

v.

GAVIN NEWSOM, in his official capacity as Governor of the State of California; DEPARTMENT OF PUBLIC HEALTH OF THE STATE OF CALIFORNIA; DR. TOMÁS ARAGÓN, in his official capacity as Director and State Public Health Officer of the Department of Public Health of the State of California; DR. MARK GHALY, in his official capacity as Secretary of the Department of Health and Human Services of the State of California; DR. NAOMI BARDACH, in her official capacity as Successful Schools Team Lead and Safe Schools for All Team Lead for the Department of Health and Human Services of the State of California; and DOES 1–50, inclusive, Defendants.

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF AND PETITION FOR WRIT OF MANDATE

 

III. GENERAL ALLEGATIONS

1. Gov. Newsom Declares State of Emergency to Address COVID-19
2. CDC Issues July 2021 Guidance for K-12 Schools
3. CDPH Issues Ongoing Mask Requirement for K-12 Schools
4. CDPH Issues Updated Quarantine Protocols for K-12 Schools
5. CDPH Continues to Recommend COVID-19 Testing in Schools
6. The COVID-19 State of Emergency Continues
7. COVID-19 Cases, Deaths and Hospitalizations in California Have Drastically Decreased As More Californians Acquire Immunity
8. Children Have Very Low Risk of Mortality and Morbidity from COVID-19
9. Children Need to Return to Normalcy
10. Children Rarely Spread COVID-19
11. Mask Mandates Harm Children
12. CDPH’s Quarantining Rules are Unnecessary, Burdensome and Discriminatory

 

FIRST CAUSE OF ACTION  

VIOLATION OF ARTICLE III, SECTION 3 OF THE CALIFORNIA CONSTITUTION  

AGAINST DEFENDANTS NEWSOM, GHALY, BARDACH, AND ARAGÓ

SECOND CAUSE OF ACTION  

VIOLATION OF THE ADMINISTRATIVE PROCEDURE ACT  

AGAINST DEFENDANTS NEWSOM, GHALY, BARDACH, AND ARAGÓN

THIRD CAUSE OF ACTION  

VIOLATION OF EDUCATION CODE SECTION 49000

FOURTH CAUSE OF ACTION  

VIOLATION OF EDUCATION CODE SECTION 49050

FIFTH CAUSE OF ACTION  

VIOLATION OF CONSTITUTIONAL RIGHT TO PRIVACY  

(CAL. CONST., ART. I, SEC. 1)

SIXTH CAUSE OF ACTION  

VIOLATION OF ARTICLE IX OF THE CALIFORNIA CONSTITUTION

SEVENTH CAUSE OF ACTION  

VIOLATION OF EQUAL PROTECTION CLAUSE  

OF CALIFORNIA CONSTITUTION

 

WHEREFORE, Plaintiffs pray for relief as follows:

1. A temporary restraining order and preliminary and permanent injunction restraining and preventing Defendants Governor Newsom, Dr. Ghaly, Dr. Bardach, and Dr. Aragón from applying and enforcing the July 2021 guidance related to mandatory masking, quarantines and COVID-19 testing, and from issuing any new order, directive, guidance, rules or “framework” aimed at preventing the spread of COVID-19 that would inhibit learning, cause harm, and prevent any student from reasonably enjoying the benefits of full-time, in-person instruction;

2. A declaration that the July 2021 guidance related to mandatory masking, quarantines and COVID-19 testing is invalid and unlawful to the extent Defendants treat it as mandatory for all students and schools;

3. A declaration that Defendants cannot require schools to exclude a student from school based upon a refusal to wear a face mask indoors;

4. Attorneys’ fees pursuant to section 1021.5 of the Code of Civil Procedure and any other applicable provision of law;

5. Costs of suit; and

6. Such other and further relief as the court may deem just and proper

 

REFERENCES:

LET THEM BREATHE

REOPEN CALIFORNIA SCHOOLS

 

Superior Court of California, County of San Diego

View Case Detail

Case Title:	REOPEN CALIFORNIA SCHOOLS VS NEWSOM [IMAGED]
Case Number:	37-2021-00031385-CU-WM-NC	Case Location:	North County

 

Case Type:	Civil	Date Filed:	07/22/2021
Category:	CU-WM	Writ of Mandate

37-2021-00031385-CU-WM-NC 

 

Case Information

Case Number:	37-2021-00031385-CU-WM-NC	Date Filed:	07/22/2021
Case Title:	Reopen California Schools vs Newsom [IMAGED]	Case Status:	Pending
Case Category:	Civil - Unlimited	Location:	North County
Case Type:	Writ of Mandate	Judicial Officer:	Cynthia A. Freeland
Case Age:	21 days	Department:	N-27

 

   

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