The Ninth Circuit Court of Appeal affirmed the dismissals of two Riverside-based federal civil cases Oct. 30.
One unpublished ruling affirmed the dismissal of a case brought by a Rancho Mirage mobile home park that claimed that the Coachella Valley Water District provided water at an unconstitutionally high rate.
The other ruling affirmed the dismissal of a case brought by a Honduras immigrant who claimed the Chaffey Joint Union High School District failed to timely assess his need for special education services.
Water case
The Rancho Mirage Mobile Home Community has 288 spaces, about half of which were occupied. The park’s Nov. 12, 2020, complaint took issue with the CVWD’s new sewer charges.
The complaint claimed the fees took more revenue than was needed to provide the services, and that the CVWD charged the park for services not used, rendering the fees an unconstitutionally overbroad taking of private property.
The case was terminated by California Central District Judge John Holcomb on Nov. 2, 2021, and the park appealed.
The Ninth Circuit found that the CVWD’s fees are by definition not unconstitutional because user fees are not considered takings of private property.
Daniel Rudderow and Larissa Branes of Rudderow Law Group represented the park.
Whitney Blackhurst of Best Best & Krieger represented the CVWD.
Ninth Circuit Judges Richard Paez and Holly Thomas, and Southern District of New York Judge Jed Rakoff, under appointment, judged the case.
Case No. 5:20-cv-02359
Appellate Case No. 22-55212
Read the appellate ruling here.
Education case
The other unpublished ruling took the case of Cristian Diaz Guevara, who immigrated from Honduras in 2018, at the age of 17. He did not speak English, and had not attended school since sixth grade.
In 2019, his guardians requested a due process hearing, claiming that the Chaffey Joint Union High School District failed to evaluate him for special education eligibility. The CJUHSD determined in October 2019 that Diaz Guevara did not qualify for special education.
Diaz Guevara filed his case against the school district Sept. 17, 2020. His suit was an appeal of the school’s administrative order denying him special education services. California Central District Judge Fernando Olguin dismissed the case Sept. 29, 2022, and Diaz Guevara appealed.
The Ninth Circuit found that the CJUHSD was thorough in its assessment of Diaz Guevara, and that they appropriately considered his case.
Fazil Munir of his own law office represented Diaz Guevara.
Jonathan Read of Fagen Friedman and Fulfrost represented the CJUHSD.
Ninth Circuit Judges Richard Paez and Holly Thomas, and Southern District of New York Judge Jed Rakoff, under appointment, judged the case.
Case No. 5:20-cv-01929
Appellate Case No. 22-56023
Read the appellate ruling here.
