TENTATIVE RULING

Plaintiff J.H., a minor, by and through his G.A.L., Monique Beley’s Motion to Compel Defendant Culver City Unified School District’s Further Responses to Plaintiff’s First Set of Requests for Production of Documents is GRANTED in part. Defendant Culver City Unified School District shall produce documents responsive to Request Nos. 3, 5, 19, 22, and 25 in their entirety. Defendant Culver City Unified School District shall produce documents responsive to Request No. 24 only as to disciplinary records for third-party Mayer Kennedy and no other documents identified in that request. Defendant Culver City Unified School District shall produce documents responsive to Request Nos. 15, 26, and 27, but Defendant shall redact any third-party names of students or other identifying information to protect privacy interests of parties not involved in this action. In all other respects, Plaintiff’s motion is DENIED.

Plaintiff J.H., a minor, by and through his G.A.L., Monique Beley to give notice. 

REASONING

Plaintiff J.H., a minor, by and through his G.A.L., Monique Beley (“Plaintiff”) moves the Court for an order compelling Defendant Culver City Unified School District (“Defendant”) to provide further responses and documents to Plaintiff’s First Set of Requests for Production of Documents, Nos. 3, 5, 15, 19, 22, 24, 25, 26, and 27 without objections. Plaintiff seeks production of documents regarding the background and disciplinary history of third-party Mayer Kennedy, who is alleged to have bullied Plaintiff, and information regarding student complaints of bullying and bullying investigations at Linwood E. Howe Elementary School since 2018.

In Request Nos. 3, 5, 19, 22, 24, and 25, Plaintiff seeks production of documents regarding the background and disciplinary history of third-party Mayer Kennedy, who is alleged to have bullied Plaintiff. Defendant opposes the production of protected information relating to a third-party student without a judicial order on the ground that Education Code section 49076 prevents production of pupil records without written parental consent or under judicial order. Notably, Defendant does not dispute that the information may be relevant to Plaintiff’s claims; rather, it argues that public policy favors the confidentiality of student records, and the student’s privacy interests outweigh Plaintiff’s interest in obtaining them. The Court has reviewed the requests at issue and finds that production of documents responsive to Request Nos. 3, 5, 19, 22, and 25, as those documents are necessary to allow Plaintiff to prove his claims against Defendant. As to Request No. 24, the Court finds that the request exceeds what is warranted based on privacy interests; thus, Defendant shall only produce disciplinary records for third-party Mayer Kennedy and no other documents identified in that request.

In Request Nos. 15, 26, and 27, Plaintiff seeks production of documents regarding student complaints of bullying and bullying investigations at Linwood E. Howe Elementary School since 2018. Defendant opposes the production on the ground that the requests are overbroad, oppressive, unduly burdensome, and seek to invade the privacy rights of students not involved in the instant action. The Court has reviewed the requests at issue and finds that production of documents responsive to Request Nos. 15, 26, and 27 is warranted, as those documents are also necessary to allow Plaintiff to prove his claims against Defendant, but the Court orders Defendant to redact any third-party names of students or other identifying information to protect privacy interests of parties not involved in this action.

Accordingly, Plaintiff J.H., a minor, by and through his G.A.L., Monique Beley’s Motion to Compel Defendant Culver City Unified School District’s Further Responses to Plaintiff’s First Set of Requests for Production of Documents is GRANTED in part. Defendant Culver City Unified School District shall produce documents responsive to Request Nos. 3, 5, 19, 22, and 25 in their entirety. Defendant Culver City Unified School District shall produce documents responsive to Request No. 24 only as to disciplinary records for third-party Mayer Kennedy and no other documents identified in that request. Defendant Culver City Unified School District shall produce documents responsive to Request Nos. 15, 26, and 27, but Defendant shall redact any third-party names of students or other identifying information to protect privacy interests of parties not involved in this action. In all other respects, Plaintiff’s motion is DENIED.