In a recent court decision, in an action filed by a student and parents against the school, alleging that it was liable under the state’s hate crimes (California Civil Code Section 51.7) for death threats the student received from classmates who misperceived his sexual orientation. The trial court found that the matter must go to an arbitration, in keeping with the school’s enrollment contract. The case was arbitrated and the arbitrator found that the school was not responsible for the personal injury and instead found for the school and awarded them $521,000 for costs and attorney fees.

The matter was appealed and the appeals court found that since the hate crimes law constitute important rights, such as antidiscrimination laws, the imposing of such expenses is prohibited. If not, people would be deterred from the filing of hate crimes claims.

The appeals court found that the suing parties could not be responsible for any fees that they would not have if the matter was taken to a court instead of an arbitration. Therefore, the school was responsible for the costs of hiring the arbitrator.

If you have been the victim of any personal injury such as an automobile accident, a slip and fall, a dog-bite, and slander or libel, we attorneys at Bowman and Associates are here to help you. I, David Foos, have been a judicial officer for sixteen years and am now practicing civil litigation. I stand ready to help you with any injury claim that you may have.

Sacramento Family Law Attorney Robert Bowman helps clients across California. If you or someone you know has legal questions regarding divorce, child support, child custody, or spousal support cases and more, Robert Bowman is an aggressive advocate for your rights.