Olson v. Manhattan Beach Unified Sch. Dist.

226 Cal. Rptr. 3d 162, 17 Cal. App. 5th 1052
CourtCalifornia Court of Appeal, 5th District
DecidedNovember 29, 2017
DocketB272340
StatusPublished
Cited by13 cases

This text of 226 Cal. Rptr. 3d 162 (Olson v. Manhattan Beach Unified Sch. Dist.) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Olson v. Manhattan Beach Unified Sch. Dist., 226 Cal. Rptr. 3d 162, 17 Cal. App. 5th 1052 (Cal. Ct. App. 2017).

Opinion

MANELLA, J.

*1054INTRODUCTION

Appellant Cassidy Olson appeals from a judgment dismissing his second amended complaint (SAC) against respondents Manhattan Beach Unified School District (MBUSD) and Michael Matthews, Ed. D. The trial court entered the dismissal order *164after sustaining MBUSD's demurrer to the SAC on the ground that appellant's grievance, filed pursuant to a collective bargaining agreement, did not satisfy the claim filing requirements of the Government Claims Act ( Gov. Code, § 810 et seq. ). Appellant contends his noncompliance was excused under the doctrines of substantial compliance, *1055"claim as presented," and futility. For the reasons set forth below, we reject his contentions. Accordingly, we affirm.1

FACTUAL BACKGROUND & PROCEDURAL HISTORY

A. Appellant's Complaint

On August 27, 2015, appellant filed an SAC for damages alleging causes of action for defamation and deceit against MBUSD and its employee, MBUSD Superintendent Matthews. The SAC alleged that appellant was an MBUSD employee who served as a history teacher and head baseball coach for Mira Costa High School. In September 2012, an attorney representing parents of some players on the Mira Costa baseball team filed a complaint with MBUSD about appellant's alleged " 'abusive behavior, intimidating tactics, bullying and hazing of [players] and ... conspicuous disregard for [player] safety and welfare.' " MBUSD investigated the allegations. At the conclusion of the investigation, on December 1, 2012, the investigators prepared a report summarizing the results.2

The investigative report included both positive and negative comments about appellant's behavior. While some players admired and respected appellant, others felt he was too hard on them, shouted too often and created a "culture of fear." The report included quotes from three players. One player stated: " 'There are some players who are out to get Olson. They are making stuff up. They're a little lazy and coaches want them to work harder.' " Another stated, " 'I have a lot of respect for Coach Olson. Best 3 years of baseball.' " The third player stated: " 'It's like he's a dictator. Can't say anything to him (Olson) or will be punished.' " A parent who accused appellant of abuse and illegal behavior commented that " 'we're not after [Olson's] teaching position - we just want him removed as baseball coach.' " With respect to the abuse allegations, the report noted: "None of the players were able to accurately represent any instances of [a]buse in either a verbal, emotional, mental or physical form by Coach Olson or any of the other coaches. Most of the players stated that there was either no abuse or that they had not witnessed it for themselves. [¶] The few players who believed abuse had occurred described some situations where Coach Olson shouted at them or another player when he was angry or that he left them on the bench...."

*1056It concluded: "The claims of abuse are unfounded based on the statements by the sixty-nine [players] who were interviewed." The report recommended that appellant be retained as the baseball coach and counseled on his "coaching expectations upon his return to Mira Costa Baseball." "The focus will be on adjusting Coach Olson's demeanor around the players ... [including] on the ways in which he reacts to negatives associated with player and team performance."

*165On December 6, 2012, Matthews allegedly rewrote the report. The revised report omitted the investigators' recommendation and some favorable comments.3 On December 12, 2012, MBUSD prohibited appellant from attending baseball games or practices or having contact with players after 3:00 p.m. until March 25, 2013. On December 17, 2012, the Mira Costa High School Principal, Ben Dale, Ed. D., sent a letter to the complainants' attorney stating, " 'the evidence did not support a finding of physical, mental or emotional abuse.' "

In late January 2013, local media outlets reported that appellant was being accused of mistreating baseball players. MBUSD did not refute the story or offer any contrary information. On February 25, 2013, appellant, through his union, Manhattan Beach Unified Teachers' Association (MBUTA), requested that MBUSD make the original report available under the Public Records Act, as he intended to use it to refute the media reports. MBUSD allegedly denied that the report existed.4

On March 4, 2013, the attorney for the complaining parents filed a complaint with the commission on teacher credentialing (CTC), asserting that MBUSD had not disciplined appellant properly and that he should be dismissed for " 'unprofessional conduct, dishonesty, unsatisfactory performance, unfitness for service and persistent disobedience and refusal to obey school laws and regulations.' " The CTC initiated an investigation into appellant's conduct, and requested that MBUSD forward " 'any and all documents' related to Olson" for its review. On behalf of MBUSD, Matthews forwarded appellant's file and included the rewritten report instead of the original one. On October 12, 2013, appellant discovered that MBUSD had *1057sent the rewritten report to CTC. On December 3, 2013, the CTC recommended that appellant's teaching certificate be suspended for 30 days. On January 2, 2014, appellant requested reconsideration, and on January 31, the CTC reaffirmed its decision.

The SAC asserted that MBUSD's revision of the investigators' report and its production of the revised report to CTC constituted defamation and deceit. He alleged that the "omitted portions of the investigative report provided necessary context to refute the charges that OLSON had mistreated players." The rewritten report "cast [appellant] in a negative light" and resulted in "harm and injury to OLSON's business, professional, and personal reputation." Appellant alleged that had the original report been submitted to CTC, "CTC would have taken no action against his credential and that he would have been able to continue teaching History and coaching baseball without any interruption." Appellant further alleged that defendants engaged in deceit by "suppressing" the original report. Appellant sought general damages and special damages according to proof.

*166In a separate section of the SAC addressing compliance with the claim presentation requirements of the Government Claims Act, appellant alleged that the filing of a grievance against MBUSD constituted substantial compliance with the requirements of the Act. Alternatively, appellant contended that he should be excused from filing a claim with MBUSD, as it would have been futile to do so. The SAC noted that appellant had filed a grievance with MBUSD and arbitration on it was pending.

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Bluebook (online)
226 Cal. Rptr. 3d 162, 17 Cal. App. 5th 1052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olson-v-manhattan-beach-unified-sch-dist-calctapp5d-2017.