Aledo, TX Personal Injury Law Firms & Lawyers

Assuming it is a public school you need to make sure and file a government tort claim w/I 180 days of the incident, namely the physical altercation in the office which sounds like only the tip of the iceberg. It sounds as if the situation has been on-going for a while so would make sense that you file Government Code 910 claim with the school district as soon as possible. If you review California Government Code 910 online you will see how basic the contents of such a claim is, but understand it is critical and a necessary prerequisite to pursuing a claim against the school, principal, teacher and school district. Also, understand that it is pretty typical that once you submit that form that the school district either ignores it and therefore as a matter of law after 45 days it is deemed rejected or they expressly deny claim within that 45 day period. Without getting too overly legal, there is a Federal Constitutional right under USCA 1983, in that under the California Constitution, article I, 28(c) students have right to attend schools that are safe, secure and peaceful and school districts, teachers, principals or other school employees are prohibited from taking any actions that violate that right. Bottom line it is a difficult area, but one that needs to be addressed.

If the defendant is a Doe, you should have completed service by publication. Did you do that? *CODE OF CIVIL PROCEDURE * *SECTION 583.210-583.250 * 583.210. (a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed. (b) Proof of service of the summons shall be filed within 60 days after the time the summons and complaint must be served upon a defendant. 583.220. The time within which service must be made pursuant to this article does not apply if the defendant enters into a stipulation in writing or does another act that constitutes a general appearance in the action. For the purpose of this section none of the following constitutes a general appearance in the action: (a) A stipulation pursuant to Section 583.230 extending the time within which service must be made. (b) A motion to dismiss made pursuant to this chapter, whether joined with a motion to quash service or a motion to set aside a default judgment, or otherwise. (c) An extension of time to plead after a motion to dismiss made pursuant to this chapter. 583.230. The parties may extend the time within which service must be made pursuant to this article by the following means: (a) By written stipulation. The stipulation need not be filed but, if it is not filed, the stipulation shall be brought to the attention of the court if relevant to a motion for dismissal. (b) By oral agreement made in open court, if entered in the minutes of the court or a transcript is made. 583.240. In computing the time within which service must be made pursuant to this article, there shall be excluded the time during which any of the following conditions existed: (a) The defendant was not amenable to the process of the court. (b) The prosecution of the action or proceedings in the action was stayed and the stay affected service. (c) The validity of service was the subject of litigation by the parties. (d) Service, for any other reason, was impossible, impracticable, or futile due to causes beyond the plaintiff's control. Failure to discover relevant facts or evidence is not a cause beyond the plaintiff's control for the purpose of this subdivision. 583.250. (a) If service is not made in an action within the time prescribed in this article: (1) The action shall not be further prosecuted and no further proceedings shall be held in the action. (2) The action shall be dismissed by the court on its own motion or on motion of any person interested in the action, whether named as a party or not, after notice to the parties. (b) The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute.