A.U.R.U, a minor, by and through Parent and Legal Guardian and individual, STEPHANY ULLOA v. WASHOE COUNTY SCHOOL DISTRICT

• Court: District Court, D. Nevada
• Decided: March 17, 2026
• Docket: 3:23-cv-00528
• Status: Unknown

Opinion

2 UNITED STATES DISTRICT COURT

3 DISTRICT OF NEVADA

4 A.U.R.U, a minor, by and through Parent and Legal Guardian and 5 individual, STEPHANY ULLOA, Case No. 3:23-cv-00528-ART-CSD

6 Plaintiffs, ORDER DENYING DEFENDANT’S v. MOTION TO DISMISS 7 WASHOE COUNTY SCHOOL (ECF No. 32) 8 DISTRICT,

9 Defendant. 10 Plaintiffs, A.U.R.U., a minor child, and his parent Stephany Ulloa, bring 11 this action against Defendant Washoe County School District (“District”) to 12 recover attorneys’ fees incurred during an administrative hearing pursuant to the 13 Individuals with Disabilities Education Act (“IDEA”). Before the Court is the 14 District’s motion to dismiss, which contends that Ms. Ulloa has assigned her right 15 to pursue attorney’s fees to her counsel, and that therefore she lacks standing to 16 bring this case. (ECF No. 32.) The Court denies the District’s motion to dismiss. 17 I. BACKGROUND 18 The IDEA provides that “the court, in its discretion, may award reasonable 19 attorneys’ fees as part of the costs to a prevailing party who is the parent of a 20 child with a disability.” 20 U.S.C. § 1415(i)(3)(B)(i) (emphasis added). Ms. Ulloa, 21 the prevailing party, had previously executed a fee agreement with her counsel 22 which states in material part that:

23 The law provides that if the student obtains relief which materially alters the 24 legal relationship of the parties… the District is then obligated to pay the attorney's fees and costs, and you hereby assign the right to collect these fees 25 and costs to ADAMS ESQ. If the District fails for whatever reasons to pay the attorney's fees and costs, ADAMS ESQ will waive its fees to the parent. 26 (ECF No. 32-2) 27 The District claims that in “assign[ing] the right to collect these fees and costs” 28 1 to her counsel, Ms. Ulloa has assigned her rights to sue for attorney’s fees, and 2 therefore lacks standing. 3 II. DISCUSSION 4 Ms. Ulloa has not assigned her statutory right to sue for attorney’s fees. While 5 the right to collect attorney’s fees in an IDEA case is assignable, the right to 6 pursue these fees is not. See Adams v. Compton Unified Sch. Dist., No. 7 CV1404753BROPJWX, 2015 WL 12748005, at *1 (C.D. Cal. July 16, 2015) (citing 8 Pony v. Cnty. of L.A., 433 F.3d 1138 (9th Cir. 2006)). 9 When determining whether IDEA plaintiffs may assign their statutory rights 10 to sue for attorney’s fees, courts have looked to the law governing assignment of 11 attorney’s fees in Section 1983 cases. See, e.g., id. In one Section 1983 case, the 12 Ninth Circuit looked to California state law regarding the assignment of personal 13 injury causes of action to determine whether the right to sue for attorney’s fees 14 was assignable. Pony, 433 F.3d. The key question in resolving this motion to 15 dismiss is whether Nevada law, like California law, prohibits assignments of 16 causes of action in personal injury cases. 17 Nevada generally prohibits the assignment of personal injury claims on public 18 policy grounds. Achrem v. Expressway Plaza Ltd. Partnership, 917 P.2d 447, 448- 19 49 (1996); Reynolds v. Tufenkjian, 461 P.3d 147, 152 (2020). “[T]he policy reasons 20 for prohibiting the assignment of personal injury claims are premised upon the 21 personal nature of the claims themselves and a desire to limit unscrupulous 22 people trafficking in pain and suffering.” Platinum Unit-Owners' Ass'n v. 23 Residential Constructors, LLC, No. 2:14-CV-01076-GMN-GW, 2015 WL 1186530, 24 at *5 (D. Nev. Mar. 16, 2015) (internal citations and quotations omitted). 25 Nevertheless, the Nevada Supreme Court has determined that policy 26 considerations do not prevent plaintiffs from assigning the proceeds from their 27 personal injury actions. Achrem, 917 P.2d at 448-49; Waterton Glob. Mining Co., 28 LLC v. Cummins Rocky Mountain, LLC, No. 3:14-CV-0405-RCJ-VPC, 2015 WL 1 || 714485, at *2 (D. Nev. Feb. 19, 2015). 2 Since Ms. Ulloa would not be able to assign a personal injury cause of action 3 || to her attorney, neither can she assign her rights to sue for attorney’s fees under 4 || civil rights statutes such as IDEA. See Adams, 2015 WL 12748005, at *1; Pony, 5 |} 433 F.3d 1138, 1143. If she cannot assign her right to sue under IDEA, she 6 || cannot assign an action for attorney’s fees that is derivative of it. See Pony, 433 7 || F.3d 1138, 1143; cf Sliters v. Lee, 641 P.2d 475, 476 (Mont.1982). Ms. Ulloa has 8 || not assigned her rights to attorney’s fees, so she has standing to sue. The motion 9 || to dismiss is therefore denied. 10 III. CONCLUSION 11 It is therefore ORDERED that Defendant’s motion to dismiss is denied. 12 || (ECF No. 32.) 13 DATED: March 17, 2026 14

16 17 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28