Our FirmYM&C is the leader in Charter School representation.
The following represents a sampling of the cases YM&C has handled since its founding in 1993.
If you have a dispute that requires the defense of litigators with experience in education law and charter school defense, YM&C’s Charter Litigation team is the group you want to represent you in court. Please see our Charter Litigation and Insurance Defense pages for more information on the services we can provide for your school.
Spiess v. Gateway Charter School (Pending)
A pending appeal before the Third District Court of Appeal to determine the issue of first impression as to whether waiting time penalties (Labor Code section 203) may or may not be awarded against California public charter schools and specifically whether such schools constitute “other municipal corporations” under California Labor Code section 220 (b) so as to be exempt from such penalties.
Ivy v. LAUSD (AAA Binding Arbitration)
Charter school awarded almost $8 million in damages, attorney’s fees and filing fees for the school district’s failure to provide facilities for three years.
City of Sunnyvale v. Summit Public Schools
Defended charter school against City claims that it did not have authority to exercise zoning exemption and should therefore be removed from the school facility.
Ochoa v. Anaheim City School District
Filed amicus brief with Fourth District Court of Appeal in support of parents at the Palm Lane Elementary school that filed a parent trigger petition with the school district to restart the underperforming school as a charter school.
Aspire v. West Contra Costa Unified School District
Successfully sued and then settled lawsuit challenging the district’s refusal to take timely action on a charter petition (charter petitions approved by school district).
Ovitsky v. K12/CAVA
Successful defense in 9th Circuit Appeal sustaining defense of a dismissal of a disability discrimination case involving federal and state law claims.
CCSA v. West Contra Costa Unified School District
Successfully sued and settled a lawsuit against the school district claiming equal protection and discrimination for failure to allocate $10 million of parcel tax monies to charter schools each year.
Lenette Campos v. Alliance College Ready Public Schools
Second District Court of Appeal affirmed trial court dismissal of lawsuit against charter school for injuries sustained by a vehicle while in an unmarked crosswalk located around the corner from the charter school.
Los Angeles Academy of Arts and Enterprise
Sued landlord for failure to properly maintain facility including the HVAC system; charter school awarded more than $2.7 million in damages.
Mt. Diablo Unified School District v. Contra Costa County Board of Education/School of Performing Acts
Successfully defended the County Board of Education and the charter school against challenge by the school district claiming the County Board of Education did not lawfully approve the charter petition on appeal.
Dozier-Libby Medical High School v. Antioch School District
Successfully sued the school district preventing the district from “converting” the Dozier-Libby Medical High School without following the requirement to have teacher signatures from the school site to be converted.
Magnolia Ed. Foundation v. Los Angeles Unified School District
Successfully sued the school district preventing the nonrenewal of two charter schools.
Ephesians Management Inc. v. New Millennium Charter School
Successfully defended charter school against claim from management company for alleged failure of nonpayment of fees.
Beitler & Assoc. v. New West Charter Middle School
Successfully settled case where real estate broker sued charter school for commission where charter school secured facility using alternate broker.
San Jose Unified School District v. Santa Clara County Office of Education/Rocketship
Defending County’s exercise of zoning exemption under Govt. Code 53094 allowing Rocketship to be exempt from local zoning. Case currently on appeal.
Anderson Union High School District v. Shasta Secondary Home School
Successfully defended school districts attempt to close down a charter school that was operating a non-classroom based resource center in the county of its authorizer.
Newhall School District v. Acton-Aqua Dulce Unified School District/Albert Einstein Academy
Successfully defended school district’s attempt to close down a charter school that was operating a facility in an adjacent school district’s boundaries.
Excelsior employment cases
Successful settlement of 10 employment discrimination cases against charter school.
Allianza Charter School v. Pajaro Unified School District
Successfully sued school district establishing a dependent conversion charter school’s right to legal representation.
Harriet Tubman Village Charter School v. Unemployment Insurance Appeals Board, Cal. Employment Dev. Board
Successfully challenged the Unemployment Insurance Appeals Board decision that a former employee was entitled to benefits.
United Teachers of Los Angeles v. Los Angeles Unified School District
54 Cal. 4th 504: Court upheld charter school’s rights against union interference in charter petitioning process.
UTLA v. Los Angeles Unified School District (Green Dot)
Court denied UTLA’s request for a writ of mandate to prevent LAUSD from placing Green Dot charter schools on the Jordan HS and Clay Middle school campuses.
Alfaro v Los Angeles Unified School District
Defending UTLA challenge to allocation of a new school sites to charter schools under LAUSD’s Public School Choice program 1.0 program.
CSBA v. State Board of Education (Prop. 39 regulations)
Successfully intervened in lawsuit on behalf of CCSA and successfully defended the Prop. 39 implementing regulations approved by the State Board of Education; later won attorney’s fees reimbursement for CCSA against CSBA.
Bullis Charter School v. Los Altos School District
The Sixth District Court of Appeal found that the school district violated numerous provisions of Proposition 39 and the implementing regulations in allocating space to the charter school.
Shapiro v. LAUSD/Birmingham Charter High School
Teachers’ union attempted to overturn District approval of large conversion high school – writ denied.
Liberty Family Academy v. North Monterey USD
The Sixth District Court of Appeal concluded that the nonprofit corporation that operated the charter school at the time the charter school was revoked has standing to sue the school district for its failure to fully fund the charter school in its last year of operation.
MATES Charter School v. Conejo Valley Unified School District
Writ of Mandate issued against the District declaring MATES to be a conversion school and directing the District to allocate the converted school site to MATES under Proposition 39.
Everest Charter School v. Sequoia Union High School
Successfully sued and then settled with school district for its failure to allocate reasonably equivalent school facilities under Prop. 39 (settlement led to school district building a new multi-million dollar school facility for Everest).
New West Charter School v. Los Angeles Unified School District
Writ of mandate directing LAUSD to provide Proposition 39 facilities to New West Charter School and ordering LAUSD to pay damages to charter school.
CCSA Green Dot, PUC et al. v LAUSD
Lawsuit against LAUSD to enforce charter school facilities rights under Prop. 39.
California School Board Association v. State Board of Education and Aspire Public Schools
Defending challenge to SBE’s approval of Aspire’s statewide charter school.
Ridgecrest Charter School v. Sierra Sands School District
Writ of mandate issued against the school district requiring it to provide reasonably equivalent contiguous school facilities to charter school; charter school awarded more than $100,000 in attorney’s fees.
CCSA v San Diego City School District
Lawsuit against the District to enforce charter school facilities rights under Prop. 39.
Richard Standley v. Office of Administrative Hearings
Cal. App. Unpub. LEXIS 6381: Court upheld school’s layoff of employee.
BASIS v. Sunol Glen School District
Writ of mandate issued directing the District to fully fund the charter school without offset.
Sequoia School District v. Aurora Charter School
Writ of mandate issued directing District to allocate facilities to the charter school under Prop. 39.
Millar v. Bart
Successful prosecution of disability discrimination case against Bay Area Rapid Transit resulting in $1.5 million judgment following a jury trial.
Board of Education of the Sacramento City Unified School District v. Sacramento County Board of Education (Kenneth H.)
85 Cal. App. 4th 1321; 102 Cal. Rptr. 2d 872 : Court upheld school’s decision to expel pupil.
Evenson v. Vicki Barber, El Dorado County Board of Education
Successfully defended union challenge claiming the EERA applied to charter schools.