Court Dismisses Lawsuit Brought by Board Member Dee Perry
Court Dismisses Lawsuit Brought by Board Member Dee Perry Against Laguna Beach Unified School District Board Members and Superintendent
Laguna Beach, Calif. – On September 17, the U.S. District Court dismissed Laguna Beach Unified School District Board Member Dee Perry’s lawsuit against her fellow Board Members and Superintendent Jason Viloria. The court previously dismissed Perry’s original complaint on March 18, noting her conclusory allegations were insufficient to state a claim for relief. Her amended complaint was dismissed on June 8, as she again had failed to state proper claims for relief.
Perry amended her complaint a second time and the defendants filed a third motion to dismiss. On September 11, the Court tentatively granted the District’s motion to dismiss. But this time, it provided that she could not amend her complaint again. Perry submitted a request for oral argument, which the Court denied when it affirmed its tentative ruling. According to the court, “oral argument would not be helpful in this matter.” The court concluded it “fails to see how amendment could cure this defect and therefore finds that amendment would be futile.”
“The Court has affirmed our position for the third time that the Board operates as an entity, and no board member has individual authority,” said Board President Peggy Wolff. “It is unfortunate that Ms. Perry chose to perpetuate her unnecessary complaint for over a year, needlessly diverting resources from the District’s students, while she publicly complains about the District’s increased legal fees,” said Wolff.Laguna Beach Unified School District, September 17, 2020, Media Release