A lawsuit brought by against The Willows school by two sets of parents and the nonprofit group Protection for the Educational Rights of Kids concerning the school’s former coronavirus vaccine mandate can move forward for now, a judge has ruled.
Plaintiffs Paul and Dee Barshon, as well as Yotam Shochat and Shira Aflalo, along with PERK, allege the private Culver City school breached a contract by forcing their children to be taught an inferior education by taking lessons remotely because the students were not vaccinated against the coronavirus.
In a Tuesday ruling, Los Angeles Superior Court Judge Kerry Bensinger sided with the plaintiffs on the breach-of-contract claim, although he noted that none of the children still attend the school and so he dismissed the plaintiffs’ cause of action for declaratory relief. The judge noted that the plaintiffs contend that the enrollment contract between the school and themselves is ambiguous because the then-mandatory vaccination policy was not something anticipated by the two sides when they signed the agreement.
“In essence, whether the parties contemplated the possibility of a vaccine requirement when signing the agreement is a factual dispute improper for resolution at (this) the stage,” the judge said.
The school will have another opportunity to seek dismissal of the breach-of-contract claim after discovery is complete.
In the suit filed Jan. 12, the plaintiffs maintain that the school’s vaccination rule exceeded its authority because it is up to the state Department of Public Health to make such regulations for students. The parents and PERK also contend that The Willows improperly disallowed religious or other exemptions to taking the shot.