Free Response in Opposition to Motion - District Court of California - California

Case 3:08-cv-00412-L-JMA

Document 33-2

Filed 08/11/2008

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SUE ANN SALMON EVANS, State Bar No. 151562 [email protected] DEBORAH L. UNGAR, State Bar No. 207763 [email protected] ANAHID HOONANIAN, State Bar No. 196679 [email protected] MILLER BROWN & DANNIS 301 East Ocean Boulevard, Suite 1750 Long Beach, CA 90802 Telephone: (562) 366-8500 Facsimile: (562) 366-8505 Attorneys for Defendant Encinitas Union School District UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

B.M., a minor by and through R.M., Plaintiff, v. ENCINITAS UNION SCHOOL DISTRICT, Defendant.

Case No. 08 CV 412 L JMA DECLARATION OF ANAHID HOONANIAN IN SUPPORT OF ENCINITAS UNION SCHOOL DISTRICT'S OPPOSITION TO PLAINTIFF'S MOTION TO DISMISS DISTRICT'S COUNTERCLAIM UNDER RULE 12(b)(6) [FILED CONCURRENTLY WITH ENCINITAS UNION SCHOOL DISTRICT'S RESPONSE TO PLAINTIFF'S MOTION TO DISMISS DEFENDANT ENCINITAS UNION SCHOOL DISTRICT'S COUNTERCLAIM UNDER RULE 12(b)(6)] Dept : Judge : Courtroom 14 Honorable M. James Lorenz March 4, 2008

16 17 18 19 20 21 22 23 24 25 26 27 28 Counterdefendants. v. B.M., a minor by and through R.M., R.M. and N.M., ENCINITAS UNION SCHOOL DISTRICT, Counterclaimant,

Complaint Filed:

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1 DECLARATION OF ANAHID HOONANIAN

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CASE No.: 08 CV 412 L JMA

Case 3:08-cv-00412-L-JMA

Document 33-2

Filed 08/11/2008

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I, ANAHID H. HOONANIAN, declare as follows: 1. I am an attorney at law duly licensed to practice before the State of California

and United States District Courts of California. I am special counsel with the law firm of Miller Brown & Dannis, attorneys of record for Defendant and Counterclaimant Encinitas Union School District. The matters set forth below are of my own personal knowledge and, if called as a witness, I could and would testify thereto. 2. The District filed its Counterclaim on March 26, 2008. When counsel prepared

the Counterclaim for filing, through a typographical error, counsel inadvertently omitted from the caption B.M.'s parents as individual parties to the Counterclaim. The mistake on the caption is a typographical error which is further evidenced by the comma after "R.M." in the caption. 3. The original Microsoft Word document saved in District Counsel's document

management system shows the caption includes B.M.'s parents as individual parties to the Counterclaim. A true and correct copy of the Microsoft Word document saved in District Counsel's document management system is attached hereto as Exhibit 1. The body of the District's Counterclaim plainly states the Counterclaim is against B.M. and his parents N.M. and R.M. 4. Attached hereto as Exhibit 2 is a true and correct copy of the Office of

Administrative Hearings' ("OAH") administrative hearing decision entitled Student v. Pajaro Valley Unified School District, OAH Case No. N200610081 (November 20, 2006.) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 11th Day of August 2008, in Long Beach, California. August 11, 2008 /s/Anahid Hoonanian__ ANAHID HOONANIAN

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2 DECLARATION OF ANAHID HOONANIAN

CASE No.: 08 CV 412 L JMA