Wells v. One2One Learning 3/3/04 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C042504

Case Date: 03/03/2004

Preview:Filed 3/3/04

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sierra) ---JOEY WELLS, a Minor, etc., et al., Plaintiffs and Appellants, v. ONE2ONE LEARNING FOUNDATION et al., Defendants and Respondents; STATE OF CALIFORNIA, Real Party in Interest and Respondent. APPEAL from a judgment of the Superior Court of Sierra County, William W. Pangman, Judge. Reversed. Law Offices of Michael S. Sorgen, Michael S. Sorgen, Claudia A. Baldwin; Haley and Bilheimer, Allan Haley, John Bilheimer for Plaintiff and Appellant. Gordon & Rees, Dion N. Cominos, Mark C. Russell for Defendant and Respondent One2One Learning Foundation. Seyfarth Shaw, James M. Nelson, Kurt A. Kappes, William S. Jue for Defendant and Respondent Charter School Resource Alliance. California Education Legal Services, Thomas M. Griffin, David E. Robinett for Defendant and Respondent Camptonville Elementary School District. C042504 (Super. Ct. No. S46CV-5844)

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Parks, Dingwall & Associates, Linda Rhoads Parks; Law Offices of Jon Webster and Jon Webster for Defendant and Respondent Camptonville Academy, Inc. Needham, Davis, Kirwan & Young, Mark E. Davis, Marc J. Cardinal for Defendant and Respondent Mattole Unified School District. Duncan, Ball & Evans, Mathew D. Evans, James B. Carr for Defendants and Respondents Sierra Summit Academy, Inc., and Sierra Plumas Joint Unified School District. Bill Lockyer, Attorney General, Christopher Ames, Senior Assistant Attorney General, Larry G. Raskin, Supervising Deputy Attorney General, Mark R. Soble, Deputy Attorney General for Real Party in Interest. How to properly educate our children in the public schools is a complex question with no simple answer. Ultimately, the

resolution of this question is for the parents of those children, their teachers, their school boards, and the Legislature, not the courts. (See Peter W. v. San Francisco

Unified Sch. Dist. (1976) 60 Cal.App.3d 814, 824-825 (Peter W.).) One way our Legislature has chosen to address concerns over the public education of our children is to enact the Charter Schools Act of 1992.1 (Ed. Code,2

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