Case: C.B. v. Moreno Valley Unified School District

5:21-cv-00194 | U.S. District Court for the Central District of California

Filed Date: Feb. 2, 2021

Case Ongoing

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Case Summary

On February 2, 2021, an eleven-year-old child with a disability filed suit through his parents, alleging that school police officers used excessive force and discriminated against him based on his disability and race when they violently handcuffed him multiple times while at school. The plaintiff also alleged that Defendants’ actions, inactions, policies, practices, customs, and procedures violated and continue to violate his rights under the U.S. and California Constitutions, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and multiple state civil rights laws, in addition to several common law torts. The plaintiff was represented by Disability Rights California, Barajas & Rivera APC, and Disability Rights Education & Defense Fund. The defendants included the District Superintendent, Riverside County, the Riverside County Sheriff’s Department, and Riverside County Sheriff and several individual officers. The case was assigned to Magistrate Judge Kenly Kiya Kato and later reassigned to District Judge Jesus Gilberto Bernal.

On June 17, 2021, the court granted and denied in part defendant’s Motions to Dismiss and permitted the case to proceed. Plaintiff filed an amended complaint on March 25, 2022. In the Amended Complaint, Plaintiffs substituted specific named defendants, added Plaintiff’s newly diagnosed conditions, clarified Defendant’s liability, removed claims related to particular state civil rights laws, and removed claims against the District and Superintendent for race and disability discrimination, IIED, false imprisonment, battery, assault, and negligent supervision.

On September 14, 2023, the parties filed a joint notice of conditional settlement between Plaintiff and Defendants County of Riverside, Riverside County Sheriff's Department, and Deputy Sheriffs. This private settlement was proposed by a mediator, and we could not find the specific provisions or details of the agreement.

After many months of pretrial discovery, Plaintiffs moved for summary judgment as to the ADA and Section 504 claims against the School District and Superintendent on September 1, 2023. Judge Bernal granted partial summary judgment on October 13, 2023. The court determined that that Defendants’ methods of administration amount to a violation of students with disabilities’ right to meaningful access under the ADA and Section 504. In granting summary judgment, the Court ordered that the parties design a remedy to bring the School District into compliance.

Then, on November 14, 2023, the parties filed a notice of settlement between the Plaintiff and the School District, Superintendent, and named Deputy Sheriffs. The notice stated that the parties had reached a settlement of all of Plaintiff's monetary damages claims. Two days later, as a result of the tentative settlement, Judge Bernal placed the action in inactive status and ordered that the Court retained full jurisdiction over the action. The Court ordered that the parties must file either stipulation and order for dismissal or a motion to reopen the case if settlement had not been finalized by March 25, 2024.

On March 22, 2024, Plaintiff filed a motion to reopen the case because the. parties were unable to finalize an agreement within the time period ordered by the Court. In response to the motion, Judge Bernal granted the parties an additional 120 days to reach a settlement agreement. In May 2024, Plaintiffs filed a motion to enforce compliance with the Court Order and alleged that the School District was nonresponsive to Plaintiff's attempts to meet and finalize a stipulated remedy.

Before the Court ruled on the motion, the parties jointly stipulated injunctive and declaratory relief on June 18, 2024. The Court granted the injunctive and declaratory relief. The Order required that the School District bring methods of administering its police program into compliance with the ADA and Section 504 by implementing new policies, developing or modifying trainings, requiring and providing training to school officers to ensure compliance, and document monitor rates of use of removal, restraints, and referrals on students with disabilities.

In August 2024, the parties filed a motion for the court to approve a compromise between the Plaintiff and the County of Riverside, Sheriff’s Department, and named Deputy Sheriffs. The Court approved the compromise on September 5, 2024. This order provided that the County would pay Plaintiff a gross sum of $650,000.00 in full settlement and compromise of any and all claims, as well as attorneys' fees of $260,000 and costs of $57,835.55. The agreement did not include any provisions for injunctive or declaratory relief. The Court dismissed with prejudice the action against the Defendants County, Sheriffs Department, and Deputy Sheriffs on March 4, 2025.

Also in August 2024, the parties filed a motion for the court to approve a compromise between the Plaintiff and the School District, Superintendent. On November 25, 2024, the Court granted the motion for court approval and ordered that the School District pay Plaintiff a gross sum of $1,200,000.00 in full settlement and compromise of any and all monetary damage claims. Plaintiffs filed a motion for attorneys’ fees against the School District and Superintendent on March 20, 2025.

As of March 25, 2025, determination of attorneys fees owed to Plaintiff by the School District and Superintendent is ongoing. All other matters for this case have been dismissed or otherwise determined by a final order.

Summary Authors

NDRN (8/11/2022)

Marisa London (3/25/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/58981841/parties/cb-v-moreno-valley-unified-school-district/

Judge(s)

Bernal, Jesus Gilberto (California)

Attorney for Plaintiff

Appell, Lindsay (California)

Barajas, Maronel (California)

Attorney for Defendant

Ballard, Melissa Miles (California)

Beck, Susan Gail (California)

Expert/Monitor/Master/Other

Judge(s)

Bernal, Jesus Gilberto (California)

Attorney for Plaintiff

Appell, Lindsay (California)

Barajas, Maronel (California)

Borrelle, Robert John (California)

Center, Claudia (California)

Kang, Leah J. (California)

Nocon, Tiffany Lynne (California)

Rivera, Anna Mercedes (California)

Shah, Malhar (California)

Shanbhag, Shaleen Ameeta (California)

Soni, Munmeeth Kaur (California)

Stormer, Dan (California)

Washington, David Clay (California)

Attorney for Defendant

Ballard, Melissa Miles (California)

Beck, Susan Gail (California)

Boyd, John Almon (California)

Christiansen, Allen (California)

DeBus, Trevor Daniel (California)

Faustino, Daniel C. (California)

Grant, Charmaine Espinosa (California)

Marlatt, Michael J (California)

Touchstone, James R (California)

Warren, Jeremy B. (California)

Other

Copeland, Richard T (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 5:21-cv-00194	Complaint for Damages and Injunctive and Declaratory relief	Feb. 2, 2021	Feb. 2, 2021 Complaint
83 5:21-cv-00194	Order (1) Granting in Part and Denying in Part Defendants' Motion to Dismiss (Dkt. Nos. 68, 69, and 70); and (2) Vacating the June 21, 2021 Hearing (In Chambers) C.B. v. Moreno Valley Unified School District, et al.	June 17, 2021	June 17, 2021 Order/Opinion
109 5:21-cv-00194	First Amended Complaint for Damages and Injunctive and Declaratory Relief	March 25, 2022	March 25, 2022 Complaint
254 5:21-cv-00194	Order Granting Plaintiff's Partial Motion for Summary Judgment	Oct. 13, 2023	Oct. 13, 2023 Order/Opinion 732 F.Supp.3d 1139
280 5:21-cv-00194	Order Granting Injunctive and Declaratory Relief, Including Permanent Injunction, on Plaintiff's Third and Fourth Causes of Action	June 28, 2024	June 28, 2024 Order/Opinion 2024 WL 3259034
291 5:21-cv-00194	Order Granting Plaintiff's Motion for Court Approval of Minor's Compromise with Defendants County of Riverside, Riverside County, Sheriff's Department, Deputy Sheriff Norma Loza, and Deputy Sheriff Jerssy Toscano	Sept. 5, 2024	Sept. 5, 2024 Order/Opinion
295 5:21-cv-00194	Order Granting Plaintiff's Motion for Court Approval of Minor's Compromise8 with Defendants Moreno Valley Unified School District, Martinrex Kedziora, Darryl Scott, Scott Walker, Demetrus Owens, Manuel Arellano, Loniesha King	Nov. 25, 2024	Nov. 25, 2024 Order/Opinion
299 5:21-cv-00194	Order of Dismissal with Prejudice of Action Against Defendants County of Riverside, Riverside County Sheriff's Department, Deputy Sheriff Norma Loza, and Deputy Sheriff Jerssy Toscano Only	March 3, 2025	March 3, 2025 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/58981841/cb-v-moreno-valley-unified-school-district/

Last updated April 9, 2026, 5:34 a.m.

ECF Number	Date	Description	Link
1	Feb. 2, 2021	COMPLAINT Receipt No: ACACDC-30369795 - Fee: $402, filed by Plaintiff C. B.. (Attorney Robert John Borrelle added to party C. B.(pty:pla))(Borrelle, Robert) (Entered: 02/02/2021)	Clearinghouse
2	Feb. 2, 2021	CIVIL COVER SHEET filed by Plaintiff C. B.. (Borrelle, Robert) (Entered: 02/02/2021)	RECAP
3	Feb. 2, 2021	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B.. (Borrelle, Robert) (Entered: 02/02/2021)	RECAP
4	Feb. 2, 2021	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B.. (Borrelle, Robert) (Entered: 02/02/2021)	RECAP
5	Feb. 2, 2021	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B.. (Borrelle, Robert) (Entered: 02/02/2021)	RECAP
6	Feb. 2, 2021	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B.. (Borrelle, Robert) (Entered: 02/02/2021)	RECAP
7	Feb. 2, 2021	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B.. (Borrelle, Robert) (Entered: 02/02/2021)	RECAP
8	Feb. 2, 2021	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B.. (Borrelle, Robert) (Entered: 02/02/2021)	RECAP
9	Feb. 2, 2021	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B.. (Borrelle, Robert) (Entered: 02/02/2021)	RECAP
10	Feb. 2, 2021	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B.. (Borrelle, Robert) (Entered: 02/02/2021)	RECAP
11	Feb. 2, 2021	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B.. (Borrelle, Robert) (Entered: 02/02/2021)	RECAP
12	Feb. 2, 2021	NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, (Borrelle, Robert) (Entered: 02/02/2021)	RECAP
13	Feb. 3, 2021	NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Kenly Kiya Kato. (Attachments: # 1 CV-11C Statement of Consent to Proceed Before a United States Magistrate Judge) (ghap) (Entered: 02/03/2021) 1 CV-11C Statement of Consent to Proceed Before a United States Magistrate Judge View on PACER	RECAP
14	Feb. 3, 2021	NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) 1 . The following error(s) was found: It appears a guardian ad litem is named in this case but no Petition seeking such appointment has been filed. A Petition for the Appointment of a Guardian Ad Litem must be filed when the appointment of a guardian ad litem is required by Fed. R. Civ. P. 17(c)(2). See Local Rule 17-1. Counsel must file a Petition for the Appointment of a Guardian Ad Litem immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap) (Entered: 02/03/2021)	RECAP
15	Feb. 3, 2021	NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 4, Summons Request 5, Summons Request 6, Summons Request 8, Summons Request 11, Summons Request 9, Summons Request 10, Summons Request 7, Summons Request 3 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. Please remove et al from the caption of the summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) (Entered: 02/03/2021)	RECAP
16	Feb. 3, 2021	Notice of Appearance or Withdrawal of Counsel: for attorney Claudia Center counsel for Plaintiff C. B.. Adding Claudia Center as counsel of record for C.B. for the reason indicated in the G-123 Notice. Filed by Counsel Claudia Center. (Center, Claudia) (Entered: 02/03/2021)	RECAP
17	Feb. 3, 2021	Notice of Appearance or Withdrawal of Counsel: for attorney Malhar Shah counsel for Plaintiff C. B.. Adding Malhar Shah as counsel of record for C.B. for the reason indicated in the G-123 Notice. Filed by Counsel Malhar Shah. (Shah, Malhar) (Entered: 02/03/2021)	RECAP
18	Feb. 4, 2021	First EX PARTE APPLICATION for Appointment of W.B., B.T. as Guardian ad Litem for C.B. filed by Plaintiff C. B.. (Attachments: # 1 Declaration GAL LR 7-19.1 Decl of Robert Borrelle, # 2 Declaration Decl of W.B. ISO GAL [REDACTED], # 3 Declaration Decl of B.T. ISO GAL [REDACTED], # 4 Proposed Order Proposed Order Granting GALs) (Borrelle, Robert) (Entered: 02/04/2021)	RECAP
19	Feb. 4, 2021	First EX PARTE APPLICATION to file document (1) Decl of W.B. ISO GAL, # (2) Decl of B.T. ISO GAL, # (3) Notice of Interested Parties, # (4)Tort Claim, # (5) USB drive containing police body camera footage under seal filed by Plaintiff C. B.. (Attachments: # 1 Redacted Document Decl of W.B. ISO GAL [REDACTED], # 2 Redacted Document Decl of B.T. ISO GAL [REDACTED], # 3 Redacted Document Notice of Interested Parties [REDACTED], # 4 Redacted Document Tort Claim [REDACTED], # 5 Proposed Order Proposed Order Granting App to Seal)(Borrelle, Robert) (Entered: 02/04/2021) 1 Redacted Document Decl of W.B. ISO GAL [REDACTED] View on PACER 2 Redacted Document Decl of B.T. ISO GAL [REDACTED] View on PACER 3 Redacted Document Notice of Interested Parties [REDACTED] View on PACER 4 Redacted Document Tort Claim [REDACTED] View on PACER 5 Proposed Order Proposed Order Granting App to Seal View on PACER	RECAP
20	Feb. 4, 2021	SEALED DECLARATION IN SUPPORT OF First EX PARTE APPLICATION to file document (1) Decl of W.B. ISO GAL, # (2) Decl of B.T. ISO GAL, # (3) Notice of Interested Parties, # (4)Tort Claim, # (5) USB drive containing police body camera footage under seal 19 filed by Plaintiff C. B.. (Attachments: # 1 Unredacted Document Decl of W.B. ISO GAL [UNREDACTED], # 2 Unredacted Document Decl of B.T. ISO GAL [UNREDACTED], # 3 Unredacted Document Notice of Interested Parties [UNREDACTED], # 4 Unredacted Document Tort Claim [UNREDACTED])(Borrelle, Robert) (Entered: 02/04/2021) 1 Unredacted Document Decl of W.B. ISO GAL [UNREDACTED] View on PACER 2 Unredacted Document Decl of B.T. ISO GAL [UNREDACTED] View on PACER 3 Unredacted Document Notice of Interested Parties [UNREDACTED] View on PACER 4 Unredacted Document Tort Claim [UNREDACTED] View on PACER	RECAP
21	Feb. 4, 2021	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B.. (Borrelle, Robert) (Entered: 02/04/2021)	RECAP
22	Feb. 4, 2021	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B.. (Borrelle, Robert) (Entered: 02/04/2021)	RECAP
23	Feb. 4, 2021	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B.. (Borrelle, Robert) (Entered: 02/04/2021)	RECAP
24	Feb. 4, 2021	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B.. (Borrelle, Robert) (Entered: 02/04/2021)	RECAP
25	Feb. 4, 2021	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B.. (Borrelle, Robert) (Entered: 02/04/2021)	RECAP
26	Feb. 4, 2021	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B.. (Borrelle, Robert) (Entered: 02/04/2021)	RECAP
27	Feb. 4, 2021	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B.. (Borrelle, Robert) (Entered: 02/04/2021)	RECAP
28	Feb. 4, 2021	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B.. (Borrelle, Robert) (Entered: 02/04/2021)	RECAP
29	Feb. 4, 2021	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B.. (Borrelle, Robert) (Entered: 02/04/2021)	RECAP
30	Feb. 8, 2021	ORDER by Magistrate Judge Kenly Kiya Kato: granting 19 EX PARTE APPLICATION to Seal Document(s). (see document for details) (hr) (Entered: 02/08/2021)	RECAP
31	Feb. 9, 2021	SEALED DOCUMENT Decl of W.B. ISO GAL re Order on Motion for Leave to File Document Under Seal 30, First EX PARTE APPLICATION for Appointment of W.B., B.T. as Guardian ad Litem for C.B. 18 filed by Plaintiff C. B..(Borrelle, Robert) (Entered: 02/09/2021)	RECAP
32	Feb. 9, 2021	SEALED DOCUMENT Decl of B.T. ISO GAL re Order on Motion for Leave to File Document Under Seal 30, First EX PARTE APPLICATION for Appointment of W.B., B.T. as Guardian ad Litem for C.B. 18 filed by Plaintiff C. B..(Borrelle, Robert) (Entered: 02/09/2021)	RECAP
33	Feb. 9, 2021	SEALED DOCUMENT Notice of Interested Parties re Order on Motion for Leave to File Document Under Seal 30, Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B..(Borrelle, Robert) (Entered: 02/09/2021)	RECAP
34	Feb. 9, 2021	SEALED DOCUMENT Tort Claim (Exhibit 1 to Plaintiff's Complaint) re Order on Motion for Leave to File Document Under Seal 30, Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B..(Borrelle, Robert) (Entered: 02/09/2021)	RECAP
35	Feb. 9, 2021	SEALED DOCUMENT Decl of W.B. ISO GAL re Order on Motion for Leave to File Document Under Seal 30, First EX PARTE APPLICATION for Appointment of W.B., B.T. as Guardian ad Litem for C.B. 18 filed by Plaintiff C. B..(Borrelle, Robert) (Entered: 02/09/2021)	RECAP
36	Feb. 9, 2021	SEALED DOCUMENT Decl of B.T. ISO GAL re Order on Motion for Leave to File Document Under Seal 30, First EX PARTE APPLICATION for Appointment of W.B., B.T. as Guardian ad Litem for C.B. 18 filed by Plaintiff C. B..(Borrelle, Robert) (Entered: 02/09/2021)	RECAP
37	Feb. 9, 2021	SEALED DOCUMENT Notice of Interested Parties re Order on Motion for Leave to File Document Under Seal 30, Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B..(Borrelle, Robert) (Entered: 02/09/2021)	RECAP
38	Feb. 9, 2021	SEALED DOCUMENT Tort Claim (Exhibit 1 to Plaintiff's Complaint) re Order on Motion for Leave to File Document Under Seal 30, Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B..(Borrelle, Robert) (Entered: 02/09/2021)	RECAP
39	Feb. 10, 2021	ORDER by Magistrate Judge Kenly Kiya Kato: granting 18 EX PARTE APPLICATION to Appoint Guardian ad Litem. Appointing W.B. as Guardian ad Litem for C.B. NOTE CHANGES MADE BY THE COURT. (dts) (Entered: 02/10/2021)	RECAP
40	Feb. 10, 2021	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant Moreno Valley Unified School District. (hr) (Entered: 02/10/2021)	RECAP
41	Feb. 10, 2021	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant Martinrex Kedziora. (hr) (Entered: 02/10/2021)	RECAP
42	Feb. 10, 2021	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant Darryl Scott. (hr) (Entered: 02/10/2021)	RECAP
43	Feb. 10, 2021	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant Scott Walker. (hr) (Entered: 02/10/2021)	RECAP
44	Feb. 10, 2021	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant Demetrius Owens. (hr) (Entered: 02/10/2021)	RECAP
45	Feb. 10, 2021	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant Manuel Arellano. (hr) (Entered: 02/10/2021)	RECAP
46	Feb. 10, 2021	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant County of Riverside. (hr) (Entered: 02/10/2021)	RECAP
47	Feb. 10, 2021	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant Riverside County Sheriffs Department. (hr) (Entered: 02/10/2021)	RECAP
48	Feb. 10, 2021	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant Chad Bianco. (hr) (Entered: 02/10/2021)	RECAP
49	Feb. 10, 2021	NOTICE of Manual Filing filed by Plaintiff C. B. of Exhibit 2 to Plaintiff's Complaint. This Exhibit is a USB drive containing body camera footage of the October 8, 2019 handcuffing incident. Video "FILED UNDER SEAL PURSUANT TO ORDER OF THE COURT DATED FEBRUARY 8, 2021.". (Borrelle, Robert) (Entered: 02/10/2021)	RECAP
50	Feb. 12, 2021	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff C. B.. (Borrelle, Robert) (Entered: 02/12/2021)	RECAP
51	Feb. 12, 2021	NOTICE OF ERRATA filed by Plaintiff C. B.. correcting Sealed Document 34, Sealed Document 31, Sealed Document 32, Sealed Document 33 (Borrelle, Robert) (Entered: 02/12/2021)	RECAP
52	Feb. 12, 2021	STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge (Borrelle, Robert) (Entered: 02/12/2021)	RECAP
53	Feb. 17, 2021	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant Norma Loza. (dts) (Entered: 02/17/2021)	RECAP
54	Feb. 19, 2021	PROOF OF SERVICE Executed by Plaintiff C. B., upon Defendant County of Riverside served on 2/18/2021, answer due 3/11/2021. Service of the Summons and Complaint were executed upon Sue Maxwell, Board Assistance Clerk (Agent of Service) in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Borrelle, Robert) (Entered: 02/19/2021)	RECAP
55	Feb. 19, 2021	PROOF OF SERVICE Executed by Plaintiff C. B., upon Defendant Chad Bianco served on 2/18/2021, answer due 3/11/2021; Riverside County Sheriffs Department served on 2/18/2021, answer due 3/11/2021. Service of the Summons and Complaint were executed upon Lieutenant Northrup, Riverside County Sheriff (Agent of Service) in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Borrelle, Robert) (Entered: 02/19/2021)	RECAP
56	Feb. 19, 2021	PROOF OF SERVICE Executed by Plaintiff C. B., upon Defendant Martinrex Kedziora served on 2/18/2021, answer due 3/11/2021; Moreno Valley Unified School District served on 2/18/2021, answer due 3/11/2021. Service of the Summons and Complaint were executed upon George Loya, Secretary 2 (Agent of Service) in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Borrelle, Robert) (Entered: 02/19/2021)	RECAP
57	Feb. 24, 2021	PROOF OF SERVICE Executed by Plaintiff C. B., upon Defendant Demetrius Owens served on 2/18/2021, answer due 3/11/2021. Service of the Summons and Complaint were executed upon Demetrius Owens in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Borrelle, Robert) (Entered: 02/24/2021)	RECAP
58	Feb. 24, 2021	PROOF OF SERVICE Executed by Plaintiff C. B., upon Defendant Darryl Scott served on 2/18/2021, answer due 3/11/2021. Service of the Summons and Complaint were executed upon Darryl Scott in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Borrelle, Robert) (Entered: 02/24/2021)	RECAP
59	Feb. 24, 2021	STIPULATION Extending Time to Answer the complaint as to County of Riverside answer now due 4/12/2021; Norma Loza answer now due 4/12/2021; Chad Bianco answer now due 4/12/2021; Riverside County Sheriffs Department answer now due 4/12/2021, re Complaint (Attorney Civil Case Opening) 1 filed by DEFENDANTS County of Riverside; Norma Loza; Chad Bianco; Riverside County Sheriffs Department.(Attorney Allen Christiansen added to party Chad Bianco(pty:dft), Attorney Allen Christiansen added to party County of Riverside(pty:dft), Attorney Allen Christiansen added to party Norma Loza(pty:dft), Attorney Allen Christiansen added to party Riverside County Sheriffs Department(pty:dft))(Christiansen, Allen) (Entered: 02/24/2021)	RECAP
60	March 3, 2021	DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by DEFENDANTS Chad Bianco, County of Riverside, Norma Loza, Riverside County Sheriffs Department. (Christiansen, Allen) (Entered: 03/03/2021)	RECAP
61	March 4, 2021	PROOF OF SERVICE Executed by Plaintiff C. B., upon Defendant Scott Walker served on 2/25/2021, answer due 3/18/2021. Service of the Summons and Complaint were executed upon Scott Walker in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Borrelle, Robert) (Entered: 03/04/2021)	RECAP
62	March 4, 2021	NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Kenly Kiya Kato to Judge Jesus G. Bernal for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Sheri Pym. The case number will now reflect the initials of the transferee Judges 5:21-cv-00194 JGB(SPx). (rn) (Entered: 03/04/2021)	RECAP
63	March 5, 2021	STIPULATION Extending Time to Answer the complaint as to Scott Walker answer now due 4/10/2021; Demetrius Owens answer now due 4/10/2021; Moreno Valley Unified School District answer now due 4/10/2021; Martinrex Kedziora answer now due 4/10/2021; Manuel Arellano answer now due 4/10/2021; Darryl Scott answer now due 4/10/2021, filed by Defendants Scott Walker; Demetrius Owens; Moreno Valley Unified School District; Martinrex Kedziora; Manuel Arellano; Darryl Scott.(Attorney Susan Gail Knock Beck added to party Manuel Arellano(pty:dft), Attorney Susan Gail Knock Beck added to party Martinrex Kedziora(pty:dft), Attorney Susan Gail Knock Beck added to party Moreno Valley Unified School District(pty:dft), Attorney Susan Gail Knock Beck added to party Demetrius Owens(pty:dft), Attorney Susan Gail Knock Beck added to party Darryl Scott(pty:dft), Attorney Susan Gail Knock Beck added to party Scott Walker(pty:dft))(Beck, Susan) (Entered: 03/05/2021)	RECAP
64	March 8, 2021	PROOF OF SERVICE Executed by Plaintiff C. B., upon Defendant Manuel Arellano served on 3/1/2021, answer due 4/10/2021. Service of the Summons and Complaint were executed upon Manuel Arellano in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Borrelle, Robert) (Entered: 03/08/2021)	RECAP
65	March 9, 2021	STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima) (Entered: 03/09/2021)	RECAP
66	March 10, 2021	WAIVER OF SERVICE Returned Executed filed by plaintiff C. B.. upon Norma Loza waiver sent by Plaintiff on 2/26/2021, answer due 4/27/2021. Waiver of Service signed by Allen Christiansen. (Attachments: # 1 List of Documents Served)(Borrelle, Robert) (Entered: 03/10/2021)	RECAP
67	April 12, 2021	STIPULATION for Extension of Time to File Response to Plaintiff's Complaint filed by Defendants Manuel Arellano, Martinrex Kedziora, Moreno Valley Unified School District, Demetrius Owens, Darryl Scott, Scott Walker.(Beck, Susan) (Entered: 04/12/2021)	RECAP
68	April 12, 2021	NOTICE OF MOTION AND MOTION to Dismiss Complaint filed by DEFENDANTS Chad Bianco, County of Riverside, Norma Loza, Riverside County Sheriffs Department. Motion set for hearing on 5/10/2021 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Memorandum, # 2 Proposed Order) (Christiansen, Allen) (Entered: 04/12/2021)	RECAP
69	April 19, 2021	NOTICE OF MOTION AND MOTION to Dismiss Portions of Plaintiff's Complaint filed by Defendants Manuel Arellano, Demetrius Owens, Darryl Scott, Scott Walker. Motion set for hearing on 5/24/2021 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Request for Judicial Notice, # 2 Notice of Interested Parties, # 3 Proposed Order) (Beck, Susan) (Entered: 04/19/2021)	RECAP
70	April 19, 2021	NOTICE OF MOTION AND MOTION to Dismiss Portions of Plaintiff's Complaint filed by Defendants Martinrex Kedziora, Moreno Valley Unified School District. Motion set for hearing on 5/24/2021 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Notice of Interested Parties, # 2 Proposed Order) (Beck, Susan) (Entered: 04/19/2021)	RECAP
71	April 19, 2021	OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Complaint 68 filed by Plaintiff C. B.. (Attachments: # 1 Declaration R. Borrelle Declaration ISO Opp. to MTD, # 2 Exhibit Exhibit A to R. Borrelle Declaration ISO Opp. to MTD, # 3 Exhibit Exhibit B to R. Borrelle Declaration ISO Opp. to MTD)(Borrelle, Robert) (Entered: 04/19/2021)	RECAP
72	April 21, 2021	ORDER by Judge Jesus G. Bernal, Granting Stipulation for Extension of Time to File 67 . Defendants Manuel Arellano answer due 4/26/2021; Martinrex Kedziora answer due 4/26/2021; Moreno Valley Unified School District answer due 4/26/2021; Demetrius Owens answer due 4/26/2021; Darryl Scott answer due 4/26/2021; Scott Walker answer due 4/26/2021. (twdb) (Entered: 04/22/2021)	RECAP
73	April 26, 2021	REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Complaint 68 filed by Defendants Chad Bianco, County of Riverside, Norma Loza, Riverside County Sheriffs Department. (Christiansen, Allen) (Entered: 04/26/2021)	RECAP
74	April 30, 2021	NOTICE Plaintiff's Notice of Non-Opposition to Defendant MVUSD and Kedziora Motion to Dismiss filed by Plaintiff C. B.. (Attachments: # 1 Declaration Borrelle Declaration iso Plaintiff's Notice, # 2 Exhibit Exhibit A)(Borrelle, Robert) (Entered: 04/30/2021)	RECAP
75	May 3, 2021	OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Portions of Plaintiff's Complaint 69 filed by Plaintiff C. B.. (Attachments: # 1 Declaration R. Borrelle Declaration ISO Opp. to MTD, # 2 Exhibit Exhibit A to R. Borrelle Declaration ISO Opp. to MTD)(Borrelle, Robert) (Entered: 05/03/2021)	RECAP
76	May 5, 2021	Notice of Appearance or Withdrawal of Counsel: for attorney Tiffany Lynne Compuesto Nocon counsel for Plaintiff C. B.. Adding Tiffany Lynne Compuesto Nocon as counsel of record for C.B. for the reason indicated in the G-123 Notice. Filed by Plaintiff C.B.. (Attorney Tiffany Lynne Compuesto Nocon added to party C. B.(pty:pla))(Nocon, Tiffany) (Entered: 05/05/2021)	RECAP
77	May 7, 2021	SCHEDULING NOTICE AND ORDER by Judge Jesus G. Bernal: on the Court's own motion, the Motion to Dismiss Complaint 68 set for hearing on May 10, 2021, is hereby CONTINUED to May 24, 2021 at 9:00 A.M. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (npo) TEXT ONLY ENTRY (Entered: 05/07/2021)	RECAP
	May 7, 2021	Text Only Scheduling Notice
78	May 10, 2021	REPLY to Opposition NOTICE OF MOTION AND MOTION to Dismiss Portions of Plaintiff's Complaint 69 filed by Defendants Manuel Arellano, Demetrius Owens, Darryl Scott, Scott Walker. (Beck, Susan) (Entered: 05/10/2021)	RECAP
79	May 10, 2021	REPLY to Non-Opposition NOTICE OF MOTION AND MOTION to Dismiss Portions of Plaintiff's Complaint 70 filed by Defendants Martinrex Kedziora, Moreno Valley Unified School District. (Beck, Susan) (Entered: 05/10/2021)	RECAP
80	May 21, 2021	SCHEDULING NOTICE by Judge Jesus G. Bernal re: The HEARING on the MOTIONS to Dismiss 68, 70 and 69 is CONTINUED from 5/24/2021 to 6/7/2021 at 09:00 AM before Judge Jesus G. Bernal. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 05/21/2021)	RECAP
	May 21, 2021	Text Only Scheduling Notice
81	June 4, 2021	SCHEDULING NOTICE by Judge Jesus G. Bernal:The HEARING on the MOTIONS to Dismiss 68, 70 and 69 is CONTINUED from 6/7/2021 to 6/14/2021 at 09:00 AM before Judge Jesus G. Bernal. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 06/04/2021)	RECAP
	June 4, 2021	Text Only Scheduling Notice
82	June 11, 2021	SCHEDULING NOTICE by Judge Jesus G. Bernal: The HEARING on the MOTIONS to Dismiss Complaint 68, 69, 70 is CONTINUED from 6/14/2021 to 6/21/2021 at 09:00 AM before Judge Jesus G. Bernal. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 06/11/2021)	RECAP
	June 11, 2021	Text Only Scheduling Notice
83	June 17, 2021	Order (1) GRANTING IN PART and DENYING IN PART Defendants' Motions to Dismiss 9Dkt. Nos. 68, 69, and 70 ); and (2) VACATING the Jun 21/2021 hearing (IN CHAMBERS) by Judge Jesus G. Bernal. (See document for further information). (jp) (Entered: 06/17/2021)	Clearinghouse
84	June 24, 2021	Notice of Appearance or Withdrawal of Counsel: for attorney Dan Stormer counsel for Plaintiff C. B.. Adding Dan Stormer as counsel of record for C.B. for the reason indicated in the G-123 Notice. Filed by Plaintiff C.B.. (Attorney Dan Stormer added to party C. B.(pty:pla))(Stormer, Dan) (Entered: 06/24/2021)	RECAP
85	June 24, 2021	Notice of Appearance or Withdrawal of Counsel: for attorney Shaleen Ameeta Shanbhag counsel for Plaintiff C. B.. Adding Shaleen Shanbhag as counsel of record for C.B. for the reason indicated in the G-123 Notice. Filed by Plaintiff C.B.. (Attorney Shaleen Ameeta Shanbhag added to party C. B.(pty:pla))(Shanbhag, Shaleen) (Entered: 06/24/2021)	RECAP
86	June 24, 2021	Notice of Appearance or Withdrawal of Counsel: for attorney David Clay Washington counsel for Plaintiff C. B.. Adding David Clay Washington as counsel of record for C.B. for the reason indicated in the G-123 Notice. Filed by Plaintiff C.B.. (Attorney David Clay Washington added to party C. B.(pty:pla))(Washington, David) (Entered: 06/24/2021)	RECAP
87	July 1, 2021	ANSWER to Complaint (Attorney Civil Case Opening) 1 with JURY DEMAND filed by DEFENDANTS County of Riverside, Norma Loza, Riverside County Sheriffs Department.(Christiansen, Allen) (Entered: 07/01/2021)	RECAP
88	July 1, 2021	NOTICE of Interested Parties filed by DEFENDANTS County of Riverside, Norma Loza, Riverside County Sheriffs Department, (Christiansen, Allen) (Entered: 07/01/2021)	RECAP
89	July 1, 2021	First STIPULATION Extending Time to Answer the complaint as to Moreno Valley Unified School District answer now due 7/16/2021; Manuel Arellano answer now due 7/16/2021; Martinrex Kedziora answer now due 7/16/2021; Demetrius Owens answer now due 7/16/2021; Darryl Scott answer now due 7/16/2021; Scott Walker answer now due 7/16/2021, filed by Defendant Moreno Valley Unified School District.(Faustino, Daniel) (Entered: 07/01/2021)	RECAP
90	July 2, 2021	ORDER by Judge Jesus G. Bernal, Granting Stipulation Extending Time to Answer (30 days or less), 89 . IT IS SO ORDERED. Defendants MORENO VALLEY UNIFIED SCHOOL DISTRICT, MARTINREX KEDZIORA, in his official capacity as Moreno Valley Unified School District Superintendent, DARRYL SCOTT, SCOTT WALKER, DEMETRIUS OWENS, and MANUEL ARELLANO, shall answer Plaintiffs Complaint on or before Friday, July 16, 2021. (twdb) (Entered: 07/06/2021)	RECAP
91	July 16, 2021	ANSWER to Complaint (Attorney Civil Case Opening) 1 filed by Defendant Martinrex Kedziora, Moreno Valley Unified School District.(Faustino, Daniel) (Entered: 07/16/2021)	RECAP
92	July 16, 2021	ANSWER to Complaint (Attorney Civil Case Opening) 1 filed by Defendant Manuel Arellano, Demetrius Owens, Darryl Scott, Scott Walker.(Faustino, Daniel) (Entered: 07/16/2021)	RECAP
93	July 19, 2021	NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) 91, Answer to Complaint (Attorney Civil Case Opening) 92 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb) (Entered: 07/19/2021)	RECAP
94	Aug. 19, 2021	ORDER SETTING SCHEDULING CONFERENCE by Judge Jesus G. Bernal. Scheduling Conference set for 11/8/2021 at 11:00 AM before Judge Jesus G. Bernal. (npo) (Entered: 08/19/2021)	RECAP
95	Oct. 25, 2021	JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7 (Plaintiffs) 4 (Defendants), filed by Plaintiff C. B... (Attachments: # 1 Exhibit Schedule of Pre-trial and Trial Date Worksheet)(Borrelle, Robert) (Entered: 10/25/2021)	RECAP
96	Nov. 2, 2021	The Court hereby vacates the Scheduling Conference set for 11/8/2021. The Court will issue a separate trial scheduling order setting forth a trial schedule. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 11/02/2021)	RECAP

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Case Details

State / Territory:

California

Case Type(s):

Disability Rights

Key Dates

Filing Date: Feb. 2, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Eleven year old student with disabilities

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Riverside County

Riverside County Sheriff's Department

School District

Moreno Valley Unified School District

Defendant Type(s):

Elementary/Secondary School

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State Anti-Discrimination Law

State law

Constitutional Clause(s):

Due Process

Other Dockets:

Central District of California 5:21-cv-00194

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Provide antidiscrimination training

Training

Amount Defendant Pays: 2,167,835.55

Issues

General/Misc.:

Education

Failure to supervise

Disability and Disability Rights:

Disability, unspecified

Mental Illness, Unspecified

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation

Case Summary of C.B. v. Moreno Valley Unified School District, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/18309/ (last updated 3/25/2025).