School plans to submit an amended complaint to the court by the end of March
A Superior Court judge struck down most of the causes of action in a lawsuit filed by The Winston School over the city of Del Mar’s decision last year to terminate the school’s lease.
“I think the judge did the right thing, and I hope the rest of the case moves forward quickly,” Worden said.The lawsuit by The Winston School, which serves about 100 special education students from grades 6-12, follows a two-year conflict with the city. As part of the lease, the school had to submit a complete redevelopment plan by Dec. 31, 2019.
The causes of action sought declaratory relief — which, if granted by the court, would have affirmed Winston’s interpretation of the terms of the lease on issues such as parking requirements and whether the COVID-19 pandemic should have invoked an “act of god” clause that protected the school’s lease.
Judge Kenneth J. Medel sided mostly with the city during the hearing by striking six causes of action out of the seven mentioned in the city’s demurrer.
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