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Oberman v. Pleasant Valley School District6/30/2004
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Plaintiff Sandra Oberman, a school teacher, brought an action for wrongful discharge against defendants Pleasant Valley School District and Catherine Cartwright (collectively District). She claimed she was forced to retire because the District changed her job assignments in retaliation for her complaints about District policies. She stipulated to a judgment in favor of defendants. She now appeals that judgment. We conclude the trial court properly granted a motion in limine excluding evidence of remote, diverse and isolated events in her employment history which occurred many years outside the statute of limitations deadline. We affirm.
FACTS
Oberman worked for the District for 16 years as a special education teacher. Cartwright was her supervisor. Oberman wrote "memos" to Cartwright about working conditions. On September 28, 1999, she complained about supplies and classroom conditions. Two months later, Oberman said, "I have honestly tried to let your inexcusable behavior toward me go. . . . ou have refused to address my concerns . . . ." On May 10, 2000, she told Cartwright, " ou didn't listen during our regular meeting . . ., you just believe others and not me, or you are deliberately harassing me!"
A week later, Oberman wrote to District Superintendent, Andre LaCouture. She stated, "The environment that I work in is not only hostile, . . . but it does not match with the tennants of special education philosophy." On June 6, 2000, she told him she had consulted with counsel.
On July 13, 2000, Cartwright notified Oberman that her "teaching assignment" would change from a "Special Day Class" teacher to a "Resource Specialist." The District established this resource position to assist the growing number of students who need special education services. It selected Oberman because she was one of the few employees who had the required certificate.
Oberman "considered this transfer to be a demotion," even though "her pay would have stayed the same . . . ." She wanted to remain in her current teaching position. She felt "the transfer would subject to humiliation she had no choice but to retire early."
She sued the District and Cartwright on May 1, 2001. She alleged her transfer was in retaliation for complaints she made about school conditions for special education and disabled students violating the Americans with Disabilities Act (42 U.S.C. § 12203), the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), the First Amendment, California Education Code section 44114 and the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12940, subd. (h)). Incidents Barred by the Statute of Limitations
Some of the incidents alleged in Oberman's complaint were barred by the statute of limitations. These included her 1985 complaint to Cartwright that her school was not scheduling meetings on special education students' Individual Education Plans (IEPs) and forms "were not properly updated." She corrected these problems because Cartwright took no action.
At the Santa Rosa Elementary School, the principal ignored Oberman's request to remove a student from her class. The student later broke Oberman's nose.
In 1989, at the Los Colinas school, Cartwright told Oberman not to contact police if she suspected child abuse because
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