'Anti-SLAPP' Motion Apparently Fails For Bullis

Bullis Charter School's anti-SLAPP motion apparently went nowhere, in a preliminary ruling was handed down by Judge Patricia Lucas Monday afternoon. BCS indicated it would not appear at a scheduled hearing to argue its points further.


Judge Patricia M. Lucas issued a tentative ruling a day in advance of a hearing between the Bullis Charter School (BCS) and the Los Altos School District over BCS' motion to strike the district's cross-complaint.

The judge denied Bullis' special motion to strike and overruled Bullis on several causes of action in a demurrer its lawyers had filed.

The charter school had made a so-called anti-SLAPP special motion against the district after it filed a cross-complaint in reaction to BCS' request for attorneys' fees because it prevailed in the state court of appeal in October 2011. 

LASD board president Doug Smith said the district received a phone message that Bullis would not appear in court to further argue its motion to contest the tentative ruling.

"Any time we don't have to go to court, it's a good thing," Smith said. "I'm happy about the outcome, it's favorable for the district, but I'm sorry we have to spend money on these things in the first place."

Patch will update this article as more information becomes available.


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Mary K January 10, 2013 at 07:23 AM
If LASD BoTs will do the right thing and give proper facilities to the charter school, BCS drops the suit and everybody goes home.
Joan J. Strong January 10, 2013 at 08:16 AM
Mark K, nobody knows what "proper facilities" for BCS is anymore. If you take the BCS board at their word, BCS may be 1000 students soon--or they may not. How are we supposed to plan for that?
Mary K January 10, 2013 at 03:42 PM
How is it that you are always speaking for the LASD BoTs??
fact checker January 10, 2013 at 04:37 PM
According to Mr. Doug Smith, the LASD Board has known the BCS growth plan as early as 2010. See his blog post from December 2010 but I will excerpt a little here: (apparently Mr. Ken Moore presented to the LASD Board in December of 2010.) "Mr. Moore also outlined scenarios that would take them well beyond the 600-student figures. Knowing that, it's even more pressing that we solve the question of where they'll locate. They did hold out one carrot- that they might be willing to cap the size of the school if we resolve the space question. I actually don't have any particular issue with the size of BCS, except that as they grow, we may need to adjust LASD attendance areas if we have to change facilities to accomodate the BCS plan. " So Mr. Smith, what have you done in the last 2 years to plan for this growth?
Joan J. Strong January 10, 2013 at 05:47 PM
The BCS board has a "plan" to grow to over 1000 students just like every garage start-up has a "plan" to grow to be the next Facebook with 20,000 employees. Nobody can predict the future, so all we know is this: BCS enrollment will be highly volatile until the BCS board decides on an enrollment cap and/or demand for the school stabilizes at some level (which for me may be well below the current level). The latter could take us 3-4 years to find out. Until then, it's appropriate that the District house BCS in facilities that make sense for each year, on a year by year basis, and it's appropriate that permanent, irreversible damage is not inflicted to one of our school communities for something that is ultimately temporary. We should be passing a bond to build two more school campuses NOW which will give us flexibility in the future. All we know about the future here is that we have growth and instability. The solution to this is capacity and flexibility.


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