ROB BONTA Fee Exempt Pursuant to Government

Attorney General of California Code § 6103

MICHAEL L. NEWMAN
Senior Assistant Attorney General ELECTRONICALLY FILED
LAURA L. FAER (SBN 233846) SUPERIOR COURT OF CALIFORNIA
Supervising Deputy Attorney General COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
UI-hWN

EDWARD NUGENT (SBN 330479)

ALEXANDER SIMPSON (SBN 235533) 4/24/2024 12:22 PM
DELBERT TRAN (SBN 323993)
Deputy Attorneys General By: Gloria Portillo, DEPUTY
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94 1 02-7004
Telephone: (415) 229-01 10
\OOO\IO\
E-mail: Delbert.Tran@doi .ca. 20V
Attorneysfor The People thhe State ofCalifornia

SUPERIOR COURT OF THE STATE OF CALIFORNIA

10 COUNTY OF SAN BERNARDINO

11

12 THE PEOPLE OF THE STATE OF Case N0. CIVSB23 17301

CALIFORNIA, EX REL. ROB BONTA,
13 ATTORNEY GENERAL OF THE STATE NOTICE OF MOTION AND MOTION
0F CALIFORNIA, 0F THE PEOPLE OF THE STATE OF
14 CALIFORNIA FOR JUDGMENT ON
Plaintiff, THE PLEADINGS, OR, IN THE
15 ALTERNATIVE, FOR SUMMARY
ADJUDICATION
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17 CHINO VALLEY UNIFIED SCHOOL

DISTRICT,
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Defendant, Date: July 31, 2024
19 Time: 8:30 am.
and Dept: S-28
20 Judge: Hon. Michael A. Sachs
Trial Date:
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NICHOLE VICARIO ET AL., Action Filed: August 28, 2023
Defendants-Interveners.
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23

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that 0n July 3 1, 2024 at 8:30 a.m., or as soon thereafter as the
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matter may be heard in Department S-28 0f the Civil Division of the San Bernardino Justice
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Center, located at 247 West 3rd Street, San Bemardino, CA 92415—0210, Plaintiff, the People 0f
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Notice of Motion and Motion of the People for Judgment on the Pleadings, Summary
or, in the Alternative, for
Adjudication (CIVSB23 1 7301)
 the State of California, ex rel. Rob Bonta, Attorney General 0f the State 0f California (“the

People”) shall move, and hereby d0 move, pursuant to Code 0f Civil Procedure sections 437C and

439, for judgment 0n the pleadings, 0r, in the alternative, for summary adjudication, in favor of

the People and against Defendant Chino Valley Unified School District (“the District”) and

Defendants—Interveners.

The People move for judgment on the pleadings in favor 0f the People and against the

District and Defendants-Interveners for the first, second, and third causes 0f action alleged in the

complaint—and the fourth cause 0f action as to subdivision 1.(c) of Board Policy 5020.1 applied

t0 students 18-years-01d 0r older—for injunctive and declaratory relief and for any other relief

10 that may be appropriate. This motion is made 0n the grounds that the pleadings and judicially

11 noticeable record state facts sufficient to establish the following: subdivisions 1.(a), 1.(b), and

12 1.(c) of Board Policy 5020.1 Violate Article I, section 7 of the California Constitution, Education

13 Code section 220, and Government code section 11135; and subdivision 1.(c) violates Article I,

14 section 1 of the California Constitution insofar as it applies t0 students 18—years—01d or older. In

15 the alternative, the People move for summary adjudication on the grounds that all the papers

16 submitted—including all of the evidence set forth in the papers and all inferences reasonably

17 deducible from the evidence—show that there are no triable issues as to any material facts and

18 that the People are entitled t0 a judgment as a matter 0f law as t0 the first, second and third causes

19 0f action alleged in the complaint.

20 The motion shall be based 0n this notice of motion for judgment on the pleadings, or, in

21 the alternative, motion for summary adjudication, and the motion stated herein; the accompanying

22 memorandum 0f points and authorities in support; the pleadings and papers on file in this action;

23 the People’s supplemental request for judicial notice; the declarations of Edward Nugent and

24 Delbert Tran and exhibits attached thereto; and upon such filrther evidence, both oral and

25 documentary, as may be offered at the time 0f the hearing. In the alternative, this motion is also

26 supported by the People’s separate statement of undisputed material facts.

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Notice of Motion and Motion 0f the People for Judgment 0n the Pleadings, 0r, in the Alternative, forSummary
Adjudication (CIVSB23 17301)