The Santa Monica Malibu Unified School District is Attempting to Shake Down Malibu Parents & Teachers with $160,000 in Sanctions for Only $1,798 in Repair Costs

The Santa Monica Malibu Unified School District was ordered by the Court to submit their actual repair costs for repair of the alleged damages raised when only slivers of PCBs were removed from 50 year old window caulking.

Environ spent $55,000 to figure out what the damages were and how to fix them. They ultimately concluded that there were only $1798 in repair costs, a far cry from the $100,000 that they had previously told the court.

This $1798 is literally for the custodians to use a caulk gun and caulk over the caulk and also paint brown epoxy over a few areas around the windows. Even $1798 is overpriced, but the idea that they spent more than THIRTY (30) times more than $1798 to figure out what to do is both outrageous and a waste of tax payers dollars.

The Santa Monica Malibu Unified School District’s attorneys, Pillsbury law firm says that they also spent $36,000 to research what kind of sanctions to file and $67,000 to file one motion.

Pillsbury law firm spent approx, $4000 to go to Juan Cabrillo to interview 2 teachers.

Pillsbury law firm spent over $10,000 in one day after they received a letter to EPA from Congressman Ted Lieu’s office.

This $67,000 means that that the Pillsbury law firm spent 2 full weeks on this one motion that was only 15 pages long. That’s $4500 per page!

United States District Court Judge Percy Anderson Declares Pillsbury Law Firm’s Request For Attorneys Fees To Be Excessive And Not Adequately Supported by The Record

See pdf copy of the Court’s Order:

AU v SMMUSD RE COURT AWARDS $28000 AND DECLARES PILLSBURY LAW FIRM BILLING EXCESSIVE

Why would the Santa Monica Malibu Unified School District’s Board of Education give approval for the school district to spend over $160,000 to recover $1798 in actual repair cost, even the Court did not buy it. (See Repair costs below)

See pdf copy:

SMMUSD ALLEGED EXPENDITURES FOR MALIBU HIGH SCHOOL REPAIRS

This is an absolute abuse of public money, and an abuse of our public trust

District Attorney Will Not Pursue Charges for Alleged MHS Vandalism

Allegations Are Dead in the Water for School District

The District Attorney could not even find $400 in alleged damages despite the fact that the SMMUSD told the Police that damages were in excess of $17,000.

While this seems like a bad business decision, recovering damages was not their goal, burying the evidence of PCB contamination was.

Spending $160,000 was worth it to the Santa Monica Malibu Unified School District because the Court also excluded evidence which proves that the Santa Monica Malibu Unified School District is in direct violation of the TSCA law, and is also putting all of their students and teachers at risk.

Malibu Schools Drain $8 Million From SMMUSD In Legal Fees

For details, go to:

http://www.smmirror.com/articles/News/Malibu-Schools-Drain-8-Million-From-SMMUSD-In-Legal-Fees/45152

The Santa Monica Malibu Unified School District is Attempting to Shake Down Malibu Parents & Teachers with $160,000 in Sanctions for Only $1,798 in Repair Costs

See link to JD Supra article:

http://www.jdsupra.com/legalnews/the-santa-monica-malibu-unified-school-d-68898/

The attached Declarations from Malibu High School teachers Katy Lapajne and Lisa Lambert includes evidence from 33 other Malibu High School teachers that the Santa Monica Malibu Unified School District (SMMUSD) is not complying with their Best Management Practices (BMPs) and is in violation of the EPA Region 9’s guidelines.

See pdf copies of the Declarations from two Malibu High School Teachers:

DECLARATION OF MALIBU HIGH SCHOOL TEACHER KATY LAPAJNE

DECLARATION OF MALIBU HIGH SCHOOL TEACHER LISA LAMBERT

THIRTY THREE MALIBU HIGH SCHOOL TEACHERS HAVE DECLARED THAT THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT IS NOT COMPLYING WITH THEIR OWN BEST MANAGEMENT PRACTICES AND THEREFORE THEY ARE IN VIOLATION OF THE EPA REGION 9 PCB GUIDELINES.

For details, go to:

https://lawofficesofbarryfagan.wordpress.com/2015/12/10/malibu-high-schools-problems-with-cancer-pcbs-rodentcides-drugs-alcohol-severe-bullying-and-now-a-students-gun-on-campus-whats-next/

EPA Guidelines that are already ill advised according to renowned PCB expert Dr. David Carpenter.

SEE YOUTUBE VIDEO OF SEVERAL MALIBU HIGH SCHOOL TEACHERS PLEADING WITH THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT FOR A SAFE PLACE TO WORK

As a result, students and teachers continue to get sick. (See list of illnesses below)

There are many other troubling issues with the Santa Monica Malibu Unified School District’s Malibu High School.

1. STUDENT vs. WENDY WAX GELLIS & THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT:

This lawsuit alleges that the SMMUSD and Wendy Wax Gellis are criminally liable for violations of California Penal Code § 11166 and 11172(a) et seq. for filing a knowingly false child abuse report with child services and the police.

Santa Monica Dispatch Article Concerning Santa Monica-Malibu Unified School District’s Retaliatory Acts Against Students and Parents by Filing False Claims of Child Abuse with the Department of Children & Family Services.

See link to News Article here:

http://www.santamonicadispatch.com/2009/01/smmusd-vs-student/

The lawsuit alleges that an example of retaliatory action by the SMMUSD and Wendy Wax Gellis taken against this family includes knowingly and maliciously filing a false child rape and domestic violence allegation with the local law enforcement and with the Los Angeles County Department of Children and Family Services (DCFS) in retaliation for parent’s exercise of their federally protected right to bring claims against the SMMUSD before the United States Department of Education’s Office for Civil Rights (OCR).

The family alleges that on December 18, 2013, SMMUSD employee named Wendy Wax Gellis made a knowingly false referral to the Los Angeles Department of Children and Family Services (DCFS), and to local law enforcement that parent raped her own son. The allegations were determined by all investigating agencies to be unfounded.

For details of this pending Federal lawsuit go to:

https://lawofficesofbarryfagan.wordpress.com/2014/08/25/santa-monica-dispatch-article-concerning-smmusds-retaliatory-acts-against-students-and-parents-by-filing-false-claims-of-child-abuse-with-the-department-of-children-family-services/

2Severe Bullying at Malibu High School and Superintendent Sandra Lyon’s Ratification of the Conduct:

Student vs. Sebastian Dane Sartorius; Jordan Clarke;

Santa Monica Malibu Unified School District et al.

http://www.santamonicadispatch.com/2014/02/victim-becomes-villain-in-malibu-controversy/

https://lawofficesofbarryfagan.wordpress.com/2014/08/24/severe-bullying-at-malibu-high-school-the-smmusds-ratification-of-the-conduct/

IMAG0391

LOS ANGELES SUPERIOR COURT COMPLAINT

SPECIAL INTERROGATORY NO. 13:

LIST THE FULL NAME AND JOB TITLE OF THOSE INDIVIDUALS AT SMMUSD (AND/OR MALIBU HIGH SCHOOL) RESPONSIBLE AMENDING/REVERSING CANCELING AND OR OTHERWISE MODIFYING THE DISCIPLINARY SUSPENSION OF DEFENDANT SEBASTIAN SARTORIUS ISSUED IN OR AROUND NOVEMBER 2012.

RESPONSE TO SPECIAL INTERROGATORY NO. 13:

SANDRA LYON, SUPERINTENDENT OF THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT.

3. PCBS REMOVED FROM SANTA MONICA SCHOOLS BUT LEFT IN MALIBU SCHOOLS

Superintendent Sandra Lyon cares more about protecting landfills than protecting children and teachers.

http://www.peer.org/news/news-releases/pcbs-removed-from-santa-monica-schools-but-left-in-malibu.html

CURRENT HEALTH ISSUES WITH STUDENTS AND TEACHERS AT MALIBU SCHOOLS

  • 6 teachers with thyroid cancer;
  • 4 alumni  (28-year-old)with thyroid cancer;
  • 1 current student with thyroid disease, possible thyroid cancer
  • 25 teachers with thyroid disease (including 14 of 30 Malibu Middle School teachers);
  • 10 alumni in their 20s with thyroid disease;
  • 1 alumni (22-year-old) with environmentally induced melanoma;
  • 2 current teachers with environmentally induced melanoma;
  • 1 teacher hospitalized from an environmentally-induced rash;
  • 1 current student with an environmentally-induced rash lasting several months
  • innumerable cases of headaches; persistent rashes; daily migraines; infertility issues; hair loss; immune issues; respiratory issues; and diabetes.

All of which has caused America Unites for Kids and PEER to file a citizen’s lawsuit against the SMMUSD.

AMERICA UNITES FOR KIDS & PEER vs. SMMUSD

UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA

CIVIL DOCKET FOR CASE #: 2:15-cv-02124-PA-AJW

See link to America Unites for Kids and PEER’s First Amended Complaint against the SMMUSD:

document-52

https://lawofficesofbarryfagan.files.wordpress.com/2015/03/document-52.pdf

The person or persons responsible for the alleged violations are Sandra Lyon and Jan Maez, officials of the Santa Monica Malibu Unified School District; Oscar de la Torre, Joe Escarce, Maria Leon-Vazquez, Laurie Liebermann, Ralph Mechur, Nimish Patel, Craig Foster, and Richard Tavildaran-Jesswein, current members of the SMMUSD Board of Education.

4. Superintendent Sandra Lyon ordered the use of Fumitoxins and Strychnine on Saturday, Aug 22, 2015 at Malibu High School, Juan Cabrillo and Webster Elementary schools despite hundreds of letters from parents in protest.

Her reckless actions put kids and wildlife at risk. The Fumitoxin Tablet warning label says that re-occupancy cannot occur for a minimum of 72 hours, but based on the weather in Malibu, more likely 5 days. Sandra Lyon told parents that in 48 hours kids could return to the fields.

See America Unites For Kids Freedom of Information Act request dated Aug 22, 2015: Freedom Of Info Act Dec 22-1

See Malibu Parent’s letter to Superintendent Sandra Lyon and Published in the Malibu Times on September 4, 2015:

Malibu Parent’s Letter: Protecting Children

http://www.malibutimes.com/opinion/article_fcd1df0e-51c4-11e5-b14c-f35d240585b1.html?mode=story

Malibu Parent Stacie Cox’ Public Comment about Superintendent Sandra Lyon:

An empathetic and confident leader would make all her decisions based on how to best protect children, and not make decisions based on legally what she can get away with. You seem to act on false information, archaic ideals, and without a conscience. Your behavior is unconscionable and you should be ashamed of yourself.”

Rodenticide use at Malibu Schools Rouses Call for District Separation

See Malibu Times Article here:

http://www.malibutimes.com/news/article_09817ee0-4bb1-11e5-b2b0-7f6db2b94b50.html

See City of Malibu Brochure Re: Poison Free Malibu:

BROCHURE%20Wildlife_antiPoison%20final_201403211343153527

America Unites for Kids link to Change.org’s Petition:

Petitioning SMMUSD Board of Education and Superintendent Sandra Lyon

Stop Poisoning our Children and our Environment

https://www.change.org/p/smmusd-board-of-education-and-superintendent-sandra-lyon-stop-poisoning-our-children-and-our-environment?recruiter=92014425&utm_source=share_petition&utm_medium=facebook&utm_campaign=share_facebook_responsive&utm_term=des-md-no_src-custom_msg&fb_ref=Default

5. The City of Malibu Unanimously Passes a Resolution to Form an Independent Malibu Unified School District

See link to Resolution here: CC150916_Item-1

6. THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT HAS FAILED ITS AFRICAN AMERICAN, HISPANIC, DISABLED & ECONOMICALLY DISADVANTAGED STUDENTS AT MALIBU HIGH SCHOOL, SANTA MONICA HIGH SCHOOL & JOHN MUIR ELEMENTARY SCHOOL

https://lawofficesofbarryfagan.wordpress.com/2015/09/13/the-santa-monia-malibu-unified-school-districts-caaspp-results-has-failed-its-african-american-hispanic-economically-disadvantaged-students-at-santa-monica-high-school-john-muir-element/

7. See link to the Santa Monica Malibu Unified School District’s Most Recent List of Expenditures relating to the Toxic Substances Control Act Violation Lawsuit (TSCA):

Over $8,000,000 spent so far and still rising!

http://malibuunites.com/wp-content/uploads/2015/09/Purchase-Orders-Approved-at-Board-Meetings2.pdf

Purchase-Orders-Approved-at-Board-Meetings2

8. DISTRICT ERROR CAUSES TEACHER WITH THYROID CANCER TO REMAIN IN TOXIC CLASSROOM

Defendant’s Calamity of Errors Validates Plaintiff’s PCB Lawsuit

For details, go to:

https://lawofficesofbarryfagan.wordpress.com/2015/09/25/the-santa-monica-malibu-unified-school-districts-error-causes-teacher-with-thyroid-cancer-to-remain-in-toxic-classroom/

See map:

incorrect-PE-rooms-remediated

The Santa Monica Malibu Unified School District appears to be more interested in attempting to limit their exposure to liability from a toxic tort complaint, rather than to just simply comply with the TSCA, and protect its students and teachers from this continuing harm.

9. WHISTLEBLOWER PARENT DISCLOSES DRUG AND ALCOHOL PROBLEMS ON MALIBU HIGH SCHOOL’S BASEBALL TEAM

For details, go to:

https://lawofficesofbarryfagan.wordpress.com/2015/05/05/whistleblower-parent-discloses-drug-and-alcohol-problem-on-malibu-high-school-baseball-team/

10. STUDENT vs. MARK KELLY & THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT

Re: Disability Discrimination

Plaintiffs allege that Mark Kelly’s conduct in baiting student was so outrageous in character and so extreme in degree, as to go beyond all possible bounds of decency,” Mintz, 905 P.2d at 563. Mark Kelly’s knowledge that the plaintiff is peculiarly susceptible to emotional distress by reason of some physical or mental condition rises to both extreme and outrageous conduct.”  (“eggshell plaintiff” principle)

Some students may have vulnerabilities which necessitate a greater degree of caution on the part of school districts and their employees. In M.W. v. Panama Buena Vista Union School Dist., supra,

Abuse of Power

The extreme and outrageous conduct may take place in the course of a relationship in which the defendant holds authority or other power over the plaintiff or the plaintiff’s interests. If the authority — such as police officers, school authorities, landlords, and collecting creditor — abuse their positions in some extreme manner, they may be liable to the plaintiff for IIED.
PRA requests for employee disciplinary records, investigative reports and/or complaints against public employees
Generally, complaints and/or charges of misconduct against a public employee can/must be disclosed if “the complaint is of a substantial nature and there is reasonable cause to believe the complaint or charge of misconduct is well-founded.” (See Bakersfield City School Dist. v. Superior Court (2004) 118 Cal. App. 4th 1041, 1044; see also BRV, Inc. v. Superior Court (2006) 143 Cal. App. 4th 742.)
See pdf attachment explaining School District’s Public Records Act obligations:

11. PROFESSOR MICHAEL CHWE vs. SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT

Verified Petition for Writ of Mandate Directed to Santa Monica Malibu Unified School District Ordering Compliance with the California Public Records Act

http://www.jdsupra.com/legalnews/verified-petition-for-writ-of-mandate-di-72936/

See pdf attachment of Professor Michael Chwe’s Public Records Act lawsuit against the Santa Monica Malibu Unified School District:

MICHAEL CHWE vs. SMMUSD RE WRIT OF MANDATE COMPLAINT

The Santa Monica Malibu Unified School District Was Ordered to Release their Investigation Report Concerning the Sexual Harrasment of its Students by their Teachers

http://www.jdsupra.com/legalnews/the-santa-monica-malibu-unified-school-d-42102

See pdf attachment to the Court of Appeals of the State of California, Second Appellate District’s landmark ruling in Professor Chwe’s lawsuit against the Santa Monica Malibu Unified School District:

MICHAEL CHWE vs SMMUSD RE APPEALS COURT PUBLISHED OPINION

B231787-1

The Court of Appeal of the State of California, Second Appellate District, ruled  that “Marken occupies a position of trust and responsibility as a classroom teacher, and the public has a legitimate interest in knowing whether and how the District enforces its sexual harassment policy. . . . the public’s interest in disclosure of this information—the public’s right to know—outweighs Marken’s privacy interest in shielding the information from disclosure.”

In Baez v. Superior Court, 2008 WL 5394067 (Cal. Ct. App.) the defense representing the Burbank Unified School District asserted attorney-client privilege and the work-product doctrine as grounds for refusing to turn over the file from a investigation report.
The Second District Court of Appeal ordered production of the Sandhu investigative file, holding that disclosure was essential for fair adjudication of the action. (Baez v. Superior Court, 2008 WL 5394067 (Cal. Ct. App.).) Case Number B208294  Description:Petition granted by opinion
Baez was ultimately awarded over $3.2 million in attorney’s fees, and $2 million dollars in punitive damages against the Burbank Unified School District
See pdf copy of the Appellate Court’s January 2016 Decision:

12. See link to many other troubling issues with the Santa Monica Malibu Unified School District:

SMMUSD  IRRESPONSIBILITY  ENDANGERS  OUR  CHILDREN

The Santa Monica Malibu Unified School District demonstrates a consistent pattern of evading responsibility for child safety. The SMMUSD has refused to answer questions about teachers who have sexually abused and sexually harassed children, failed to inform parents when their children have been victims of potentially criminal harassment, destroyed evidence concerning harassment of children, asked parents to destroy emails and not talk to each other about teacher sexual harassment of children, removed evidence of child abuse from its own records, impugned the testimony of its own employees who report child abuse, ordered teacher’s aides to not talk to parents, tried to intimidate students and parents, tried to mislead parents about their legal rights, publicly misrepresented its own legal obligations, and violated California state law.

See link to Professor Michael Chwe’s Blog Concerning the Santa Monica Malibu Unified School District:

http://chwe.net/safety/failures.html

https://lawofficesofbarryfagan.wordpress.com/2014/08/24/smmusd-irresponsibility-endangers-our-children/

The Santa Monica-Malibu Unified School District’s Superintendent Sandra Lyon should be fired for not adequately protecting the School District’s students and teachers from this continuing harm.

For details, go to:

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