SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Mar-06-2014 2:29 pm Case Number: Filing Date: Mar-06-2014 2:27 Filed by: RONNIE OTERO Juke Box: 001 Image: 04402223 COMPLAINT CAL200 et aI VS. SAN FRANCISCO UNIFIED SCHOOL DISTRICT et al 001 004402223 Instructions: Please place this sheet on top of the document to be scanned. Donald P. Driscoll, SBN 95472 Adryane Omens, SBN 143126 Law Of?ces of Donald P. Driscoll PO. Box 6596 Albany, California 94706 Telephone: (510) 527-4500 Attorneys for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA SAN FRANCISCO COUNTY CALZOO and MARC BABIN, Plaintiffs, vs. SAN FRANCISCO UNIFIED SCHOOL LODI UNIFIED SCHOOL SAN BERNARDINO CITY UNIFIED SCHOOL ALAMEDA CITY UNIFIED SCHOOL CALEXICO UNIFIED SCHOOL CHULA VISTA ELEMENTARY SCHOOL COMPTON UNIFIED SCHOOL CONEJO VALLEY UNIFIED SCHOOL COTATI- ROHNERT PARK UNIFIED SCHOOL DEL MAR UNION SCHOOL DESERT SANDS UNIFIED SCHOOL EAST WHITTIER CITY SCHOOL FREMONT UNIFIED SCHOOL GARVEY SCHOOL GLENDORA UNIFIED SCHOOL IRVINE UNIFIED SCHOOL LITTLE LAKE CITY ELEMENTARY SCHOOL LODI UNIFIED SCHOOL LOS ANGELES UNIFIED SCHOOL LOS BANOS UNIFIED SCHOOL LYNWOOD UNIFIED SCHOOL MAGNOLIA SCHOOL MOORPARK UNIFIED SCHOOL OCEAN VIEW SCHOOL OCEANSIDE UNIFIED SCHOO OXNARD SCHOOL Case No. 3-534975 VERIFIED FIRST AMENDED CLASS ACTION COMPLAINT FOR MANDAMUS AND INJUNCTIVE RELIEF FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) CLASS ACTION PALM SPRINGS UNIFIED SCHOOL PARAMOUNT UNIFIED SCHOOL PORTERVILLE UNIFIED SCHOOL RIVERSIDE UNIFIED SCHOOL SAN LUIS COASTAL UNIFIED SCHOOL Veri?ed First Amended Class Action Complaint -1- SAN RAFAEL CITY SANTA PAULA ELEMENTARY SCHOOL SOLANA BEACH SCHOOL DISTRICT VISALIA UNIFIED SCHOOL WALNUT CREEK SCHOOL WEST CONTRA COSTA UNIFIED SCHOOL WESTSIDE UNION SCHOOL DOES 1 through 500; and all other school districts similarly situated. Defendants. GENERAL ALLEGATION 1. Education Code section 51210(g) places a ministerial duty on all California school districts to adopt a course of study for all schools, except charter schools, beginning in grade one and continuing through grade six, that includes physical education ?for a total period of time of not less than 200 minutes each lOschooldays, exclusive of recesses and the lunch period.? Education Code section 51210(g) also places a ministerial duty on all California school districts, except charter schools, to provide students with not less than 200 minutes of physical education each 10 schooldays. 2. Physical education programs provide students with the skills and knowledge they need to establish and sustain physical activity as a key component of their lifestyle as children, adolescents, and adults. Physical education contributes significantly to every student's health and well-being. It is an instructional priority for California schools. 3. Each defendant is a school district in the State of California, operates schools that are not charter schools and, on information and belief, fails to comply with the ministerial duties described in paragraph one, above. 4. Plaintiffs do not know the true names of Doe school districts 1 through 300 and Does 303 through 500, and therefore sue them under ?ctitious names. Plaintiffs will amend this complaint to state their true names when they learn them. On December 23, 2013, plaintiffs ?led an amendment to their complaint inserting the name East Whittier City School District in place of the reference to Doe 301 in each place that it appears in the complaint, and inserting the name Compton Uni?ed School District in place of the reference to Doe 302 in each place it appears in the complaint. The allegations made in this complaint with respect to East Whittier City School Veri?ed First Amended Class Action Complaint -2- District are those made with respect to Doc 301, and the allegations made with respect to Compton Uni?ed School District are those made with respect to Doe 302. 5. On June 22, 2013, plaintiffs sought administrative relief from each named defendant?s noncompliance with Education Code section 51210(g) by sending a Uniform Complaint (California Code of Regulations Title 5, Sections 4600-4687) to that defendant. On information and belief, the Uniform Complaint process was the only administrative process potentially available to plaintiffs for challenging defendants? noncompliance with Education Code section 51210(g). Plaintiffs exhausted all administrative remedies as to each of the named defendants and did not obtain administrative relief from any of them. 6. Prior to naming a school district as a Doe among Does 1 through 300, plaintiffs sought administrative relief from that Doe?s noncompliance with Education Code section 51210(g) through a Uniform Complaint. On information and belief, plaintiffs exhausted all administrative remedies as to Doe defendants 1 through 300 and did not obtain administrative relief from any of them. 7. On information and belief, Does 1 through 100 and Does 301 through 500 do not have an applicable administrative procedure by which plaintiffs could have obtained relief from defendants? noncompliance with Education Code section 51210(g). 8. On information and belief, no defendant provides an administrative process that comports with due process. As a practical matter, none of the defendants have an administrative process suf?cient to address plaintiffs? allegations of noncompliance with Education Code section 51210(g) and no other governmental agency provides an administrative remedy. Other than these proceedings, there is no plain, speedy, and adequate remedy for defendants? noncompliance with Education Code section 51210(g). 9. Defendants Lodi Uni?ed School District, Moorpark Uni?ed School District, Oxnard School District, Palm Springs Uni?ed School District, and San Luis Coastal Uni?ed School District denied plaintiffs? administrative complaint. On information and belief, except with respect to Moorpark Uni?ed School District, no administrative appeal process was available. Plaintiffs appealed the Moorpark Uni?ed School District denial of their complaint and Veri?ed First Amended Class Action Complaint -3- the appeal was denied. On July 24, 2013, plaintiffs ?led an appeal of the San Luis Coastal Uni?ed School District denial of their complaint but that appeal was ignored. 10. Defendants Del Mar Union School District, San Francisco Uni?ed School District, and San Rafael City Schools noti?ed plaintiffs that their administrative procedures were inapplicable to plaintiffs? request for administrative relief and refused to issue an administrative decision upholding plaintiffs? administrative complaint. ll. Defendant Los Angeles Uni?ed School District determined that plaintiffs? administrative complaint had merit. The decision provided no remedy and erroneously asserted that ?your allegations have already been recti?ed.? On information and belief, Los Angeles Uni?ed School District remains in noncompliance with Education Code section 12. Except for Los Angeles Uni?ed School District, each defendant that has not denied plaintiffs? administrative complaint and has not ruled its administrative process to be inapplicable has unreasonably delayed in responding to plaintiffs? administrative complaint and, on information and belief, has unreasonably delayed implementation of compliance with Education Code section 13. On information and belief, resort to an administrative process is futile. l4. Delaying implementation of Education Code section 5]210(g) through further pursuit of administrative remedies will do irreparable harm to students in defendants? schools. 15. On information and belief, each defendant will continue to violate the law until required to do otherwise. 16. Marc Babin is a citizen and California taxpayer. He has an interest in enforcement of the public duty established in Education Code section 51210(g). 17. Ca1200 is a California unincorporated association advocating for the right of children to physical education in California?s elementary schools. It has an interest in enforcement of the public duty established in Education Code section 51210(g). CLASS ACTION ALLEGATIONS 18. This action is brought against a class (the Defendant Class). The Defendant Class consists of each defendant except for those defendants who, at the time of certi?cation, (1) are Veri?ed First Amended Class Action Complaint -4- subject to a ?nal judgment or a dismissal, or (2) are Doe defendants who have not been named. The Defendant Class members are parallel local government agencies incorporated and organized by the State Legislature pursuant to California Constitution, Article 9, Section 14. 19. The Class Representatives of the Defendant Class are San Francisco Uni?ed School District, Lodi Uni?ed School District, and San Bemardino City Uni?ed School District. These Class Representatives were identi?ed by plaintiffs without consultation with any defendant. Prior to the ?ling of this complaint none of the Class Representatives agreed to that status, and no defendant was offered anything for agreeing to be a Class Representative. 20. Class Representative San Francisco Uni?ed School District is the largest named defendant that denied the applicability of the Uniform Complaint procedure. Class Representative Lodi Uni?ed School District is the largest named defendant that denied plaintiffs? Uniform Complaint without holding the Uniform Complaint procedure to be inapplicable. Class Representative San Bemardino City Uni?ed School District is the largest named defendant that did not make a decision with respect to plaintiffs? Uniform Complaint. 21. On information and belief, the Class Representatives can and will adequately represent the class. 22. Common issues of law predominate. The predominant issue is the structuring of a remedy that compels defendants? compliance with their ministerial duties for violation of Education Code section 51210(g). 23. The Class Representatives have claims and defenses typical of the class. Education Code section 51210(g) imposes a ministerial duty on each defendant school district to provide and to adopt a course of study that provides 200 minutes of physical education each 10 schooldays to students in grades one through six. The mandate applies to each school district without regard to size, location, or any other factor that might distinguish one district from another. 24. Consistent with the legislative intent for uniformity, a single class action ruling is superior to individual determinations of remedy. Class certi?cation is also a superior device for Veri?ed First Amended Class Action Complaint -5- resolving plaintiffs? claims against the defendants because of the large number of similarly situated defendants. FIRST CAUSE OF ACTION BY PLAINTIFF AGAINST SAN FRANCISCO UNIFIED SCHOOL DISTRICT, LODI UNIFIED SCHOOL DISTRICT, SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, AND THE DEFENDANT CLASS FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 25. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 24 of this complaint. This cause of action is brought by plaintiffs against the San Francisco Uni?ed School District, Lodi Uni?ed School District, the San Bemardino City Uni?ed School District, and the Defendant Class. 26. On information and belief, each class member, including the Class Representatives, fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 27. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. SECOND CAUSE OF ACTION BY PLAINTIFFS AGAINST ALAMEDA CITY UNIFIED SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 28. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 29. This cause of action is brought by plaintiffs against defendant Alameda City Uni?ed School District. 30. On information and belief, defendant Alameda City Uni?ed School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 31. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. Veri?ed First Amended Class Action Complaint -6- THIRD CAUSE OF ACTION BY PLAINTIFFS AGAINST CALEXICO UNIFIED SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 32. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. ?33. This cause of action is brought by plaintiffs against defendant Calexico Uni?ed School District. 34. On information and belief, defendant Calexico Uni?ed School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 35. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. FOURTH CAUSE OF ACTION BY PLAINTIFFS AGAINST CHULA VISTA ELEMENTARY SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 36. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 37. This cause of action is brought by plaintiffs against defendant Chula Vista Elementary School District. 38. On information and belief, defendant Chula Vista Elementary School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 39. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. Veri?ed First Amended Class Action Complaint -7- FIFTH CAUSE OF ACTION BY PLAINTIFFS AGAINST CONEJO VALLEY UNIFIED SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 40. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 41. This cause of action is brought by plaintiffs against defendant Conejo Valley Uni?ed School District. 42. On information and belief, defendant Conejo Valley Uni?ed School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted Course of study that contains at least 200 minutes of physical education. 43. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. SIXTH CAUSE OF ACTION BY PLAINTIFFS AGAINST COTATI-ROHNERT PARK UNIFIED SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 44. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 45. This cause of action is brought by plaintiffs against defendant Cotati-Rohnert Park Uni?ed School District. 46. On information and belief, defendant Cotati-Rohnert Park Uni?ed School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 47. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. Veri?ed First Amended Class Action Complaint -8- SEVENTH CAUSE OF ACTION BY PLAINTIFF AGAINST DEL MAR UNION SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 48. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 49. This cause of action is brought by plaintiffs against defendant Del Mar Union School District. 50. On information and belief, defendant Del Mar Union School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 51. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. EIGHTH CAUSE OF ACTION BY PLAINTIFFS AGAINST DESERT SANDS UNIFIED SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 52. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 53. This cause of action is brought by plaintiffs against defendant Desert Sands Uni?ed School District. 54. On information and belief, defendant Desert Sands Uni?ed School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 55. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. Verified First Amended Class Action Complaint -9- NINTH CAUSE OF ACTION BY PLAINTIFF AGAINST FREMONT UNIFIED SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 56. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 57. This cause of action is brought by plaintiffs against defendant Fremont Uni?ed School District. 58. On information and belief, defendant Fremont Uni?ed School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 59. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. TENTH CAUSE OF ACTION BY PLAINTIFF AGAINST GARVEY SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 60. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. This cause of action is brought by plaintiffs against defendant Garvey School District. 62. On information and belief, defendant Garvey School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 63. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. Veri?ed First Amended Class Action Complaint -10- ELEVENTH CAUSE OF ACTION BY PLAINTIFFS AGAINST GLENDORA UNIFIED SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 64. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 65. This cause of action is brought by plaintiffs against defendant Glendora Uni?ed School District. 66. On information and belief, defendant Glendora Uni?ed School District fails to provide its students in grades one through sixlwith 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 67. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. TWELFTH CAUSE OF ACTION BY PLAINTIFFS AGAINST IRVINE UNIFIED SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 68. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 69. This cause of action is brought by plaintiffs against defendant Irvine Uni?ed School District. 70. On information and belief, defendant Irvine Uni?ed School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 71. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. Veri?ed First Amended Class Action Complaint -1 1- THIRTEENTH CAUSE OF ACTION BY PLAINTIFFS AGAINST LITTLE LAKE CITY ELEMENTARY SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 72. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 73. This cause of action is brought by plaintiffs against defendant Little Lake City Elementary School District. 74. On information and belief, defendant Little Lake City Elementary School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 75. Plaintiffs seek all appropriate relief including mandamus and inj unctive relief. FOURTEENTH CAUSE OF ACTION BY PLAINTIFFS AGAINST LOS ANGELES UNIFIED SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 76. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 77. This cause of action is brought by plaintiffs against defendant Los Angeles Uni?ed School District. 78. On information and belief, defendant Los Angeles Uni?ed School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 79. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. Veri?ed First Amended Class Action Complaint -12- FIFTEENTH CAUSE OF ACTION BY PLAINTIFFS AGAINST LOS BANOS UNIFIED SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 80. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 81. This cause of action is brought by plaintiffs against defendant Los Banos Uni?ed School District. A 82. On information and belief, defendant Los Banos Uni?ed School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 83. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. SIXTEENTH CAUSE OF ACTION BY PLAINTIFFS AGAINST LYNWOOD UNIFIED SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 84. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 85. This cause of action is brought by plaintiffs against defendant Lynwood Uni?ed School District. 86. On information and belief, defendant Lynwood Uni?ed School District fails to provide its students in grades one through six'with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 87. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. Veri?ed First Amended Class Action Complaint -13- SEVENTEENTH CAUSE OF ACTION BY PLAINTIFFS AGAINST MAGNOLIA SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 88. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. - 89. This cause of action is brought by plaintiffs against defendant Magnolia School District. 90. On information and belief, defendant Magnolia School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 91. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. EIGHTEENTH CAUSE OF ACTION BY PLAINTIFFS AGAINST MOORPARK UNIFIED SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 92. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 93. This cause of action is brought by plaintiffs against defendant Moorpark Uni?ed School District. 94. On information and belief, defendant Moorpark Uni?ed School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 95. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. Veri?ed First Amended Class Action Complaint -14- W44NINETEENTH CAUSE OF ACTION BY PLAINTIFFS AGAINST OCEAN VIEW SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 96. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 97. This cause of action is brought by plaintiffs against defendant Ocean View School District. 98. On information and belief, defendant Ocean View School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 99. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. TWENTIETH CAUSE OF ACTION BY PLAINTIFFS AGAINST OCEANSIDE UNIFIED SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 100. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 101. This cause of action is brought by plaintiffs against defendant Oceanside Uni?ed School District. 102. On information and belief, defendant Oceanside Uni?ed School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 103. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. Veri?ed First Amended Class Action Complaint -15- TWENTY-FIRST CAUSE OF ACTION BY PLAINTIFFS AGAINST OXNARD SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 104. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 105. This cause of action is brought by plaintiffs against defendant Oxnard School District. 106. On information and belief, defendant Oxnard School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 107. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. TWENTY-SECOND CAUSE OF ACTION BY PLAINTIFFS AGAINST PALM SPRINGS UNIFIED SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 108. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 109. This cause of action is brought by plaintiffs against defendant Palm Springs Uni?ed School District. 110. On information and belief, defendant Palm Springs Uni?ed School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 111. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. Veri?ed First Amended Class Action Complaint -16- TWENTY-THIRD CAUSE OF ACTION BY PLAINTIFFS AGAINST PARAMOUNT UNIFIED SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 112. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 113. This cause of action is brought by plaintiffs against defendant Paramount Uni?ed School District. 114. On information and belief, defendant Paramount Uni?ed School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 115. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. TWENTY-FOURTH CAUSE OF ACTION BY PLAINTIFFS AGAINST PORTERVILLE UNIFIED SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 116. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 117. This cause of action is brought by plaintiffs against defendant Porterville Uni?ed School District. 118. On information and belief, defendant Porterville Uni?ed School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 119. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. Veri?ed First Amended Class Action Complaint -17- . . TWENTY-FIFTH CAUSE OF ACTION BY PLAINTIFFS AGAINST RIVERSIDE UNIFIED SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 120. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 121. This cause of action is brought by plaintiffs against defendant Riverside Uni?ed School District. 122. On information and belief, defendant Riverside Uni?ed School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 123. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. TWENTY-SIXTH CAUSE OF ACTION BY PLAINTIFFS AGAINST SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 124. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 125. This cause of action is brought by plaintiffs against defendant San Luis Coastal Uni?ed School District. 126. On information and belief, defendant San Luis Coastal Uni?ed School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 127. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. Veri?ed First Amended Class Action Complaint -13- TWENTY-SEVENTH CAUSE OF ACTION BY PLAINTIFFS AGAINST SAN RAFAEL CITY SCHOOLS FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 128. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 129. This cause of action is brought by plaintiffs against defendant San Rafael City Schools. 130. On information and belief, defendant San Rafael City Schools fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 131. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. TWENTY-EIGHTH CAUSE OF ACTION BY PLAINTIFFS AGAINST SANTA PAULA ELEMENTARY SCHOOL DISTRICT FOR VIOLATION OF EDUCATION CODE SECTION 51210(g) 132. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 17 of this complaint. 133. This cause of action is brought by plaintiffs against defendant Santa Paula Elementary School District. 134. On information and belief, defendant Santa Paula Elementary School District fails to provide its students in grades one through six with 200 minutes of physical education each 10 schooldays, exclusive of recesses and the lunch period, pursuant to an adopted course of study that contains at least 200 minutes of physical education. 135. Plaintiffs seek all appropriate relief including mandamus and injunctive relief. Veri?ed First Amended Class Action Complaint -19-