Castillo et al v. San Ramon Valley Unified School District et al

Filing 12

SCREENING ORDER. Signed by Judge Laurel Beeler on March 27, 2024. (lblc3, COURT STAFF) (Filed on 3/27/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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San Francisco Division

United States District Court
Northern District of California

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GILBERT CASTILLO, et al.,

Case No. 23-cv-06448-LB

Plaintiffs,

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SCREENING ORDER

v.

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Re: ECF No. 1

SAN RAMON VALLEY UNIFIED
SCHOOL DISTRICT, et al.,

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Defendants.

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INTRODUCTION

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The plaintiff, who represents himself and is proceeding in forma pauperis, sued the San Ramon

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Valley Unified School District and its employee Nadia Rosenzweig for excluding his two sons from

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kindergarten on the ground that they had not obtained the vaccinations required for enrollment. 1

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Before authorizing the U.S. Marshal to serve the complaint, the court must screen it for minimal

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legal viability. 28 U.S.C. § 1915(e)(2)(B).
The deficiencies in the complaint are that the plaintiff has not plausibly pleaded a federal claim

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and has not demonstrated that the court has diversity jurisdiction. He may submit an amended

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Compl. – ECF No. 1 at 10–11. Citations refer to material in the Electronic Case File (ECF); pinpoint
citations are to the ECF-generated page numbers at the top of documents.

ORDER – 23-cv-06448-LB

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complaint by April 24, 2024, if he can cure the deficiencies identified in this order. If he does not

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file an amended complaint, the court may recommend dismissal of the complaint.

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STATEMENT

United States District Court
Northern District of California

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The complaint concerns Gilbert Philip Castillo, Jr. and his twin sons. The sons are six years

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old and were admitted to Golden View Elementary School in San Ramon, California. 2 After six

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months of enrollment, they were excluded from kindergarten in February 2023 because neither

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child was vaccinated as required by California Senate Bill 277. 3 The plaintiff points to a licensed

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physician’s note stating that his two sons are permanently exempt from vaccinations due to a

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family history of autoimmunity. 4 After his sons were excluded, the plaintiff sent the school a

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“Conditional Acceptance” letter with a list of conditions for the school to abide by. 5 The school,

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through the school principal and Ms. Rosenzweig, stated they did not have to abide by his

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conditions. 6 The plaintiff followed up with a “Notice of Default” letter. 7 The school replied that it

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had no legal effect. 8
The complaint asserts multiple claims (which it terms “matters of controversy”): denial of the

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right to a public education under the U.S. and California Constitutions, “damaged property,”

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discrimination “based on medical exemption,” breach of contract, and violation of the Contracts

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Clause of the U.S. Constitution. 9 The plaintiff apparently first filed the complaint in state court in

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May 2023, before filing it in this court (as a purported removal from state court) in December

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2023. 10

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Id. at 13.

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Id. at 2, 11.

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Id. at 19–20.

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Id. at 13.

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Id. at 13–14.

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Id. at 13.

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Id.

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Id. at 14–17.

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Id. at 1, 10.

ORDER – 23-cv-06448-LB

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United States District Court
Northern District of California

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STANDARD OF REVIEW

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A complaint filed by a person proceeding in forma pauperis under 28 U.S.C. § 1915(a) is

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subject to a mandatory sua sponte review and dismissal by the court if it is frivolous, malicious,

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fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant

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who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); Calhoun v. Stahl, 254 F.3d 845, 845

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(9th Cir. 2001); Lopez v. Smith, 203 F.3d 1122, 1126–27 (9th Cir. 2000) (en banc). Under §

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1915(e)(2), a court reviewing an in forma pauperis complaint must rule on its own motion to

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dismiss before directing the United States Marshals to serve the complaint under Federal Rule of

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Civil Procedure 4(c)(2). Lopez, 203 F.3d at 1126–27. “The language of § 1915(e)(2)(B)(ii)

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parallels the language of Federal Rule of Civil Procedure 12(b)(6).” Barren v. Harrington, 152

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F.3d 1193, 1194 (9th Cir. 1998). The statute “is designed largely to discourage the filing of, and

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waste of judicial and private resources upon, baseless lawsuits that paying litigants generally do

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not initiate because of the costs of bringing suit.” Neitzke v. Williams, 490 U.S. 319, 327 (1989).

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“Frivolousness” under § 1915(e) and failure to state a claim under Rule 12(b)(6) are distinct

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concepts.
“A complaint . . . is frivolous where it lacks an arguable basis either in law or in fact.” Denton

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v. Hernandez, 504 U.S. 25, 31 (1992). The definition of frivolousness “embraces not only the

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inarguable legal conclusion, but also the fanciful factual allegation.” Neitzke, 490 U.S. at 325.

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When determining whether to dismiss a complaint as “frivolous” under 28 U.S.C. §

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1915(e)(2)(B)(i), the court has “the unusual power to pierce the veil of the complaint’s factual

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allegations,” meaning that the court “is not bound, as it usually is when making a determination

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based solely on the pleadings, to accept without question the truth of the plaintiff’s allegations.”

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Denton, 504 U.S. at 32. Frivolous claims include “claims describing fantastic or delusional

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scenarios, claims with which federal district judges are all too familiar.” Id. “An in forma pauperis

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complaint may not be dismissed . . . simply because the court finds the plaintiff’s allegations

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unlikely.” Id. at 33. But “a finding of factual frivolousness is appropriate when the facts alleged

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rise to the level of the irrational or the wholly incredible, whether or not there are judicially

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noticeable facts available to contradict them.” Id. Frivolous litigation “is not limited to cases in
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which a legal claim is entirely without merit. . . . [A] person with a measured legitimate claim may

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cross the line into frivolous litigation by asserting facts that are grossly exaggerated or totally

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false.” Molski v. Evergreen Dynasty Corp., 500 F.3d 1047, 1060–61 (9th Cir. 2007).

United States District Court
Northern District of California

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Under Rule 12(b)(6) and § 1915(e)(2)(B), a district court must dismiss a complaint if it fails to

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state a claim upon which relief can be granted. Rule 8(a)(2) requires that a complaint include a

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“short and plain statement” showing the plaintiff is entitled to relief. “To survive a motion to

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dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to

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relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (cleaned up); see

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Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). The complaint need not contain “detailed

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factual allegations,” but the plaintiff must “provide the grounds of his entitlement to relief,” which

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“requires more than labels and conclusions”; a mere “formulaic recitation of the elements of a

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cause of action” is insufficient. Twombly, 550 U.S. at 555 (cleaned up).

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In determining whether to dismiss a complaint under Rule 12(b)(6), the court is ordinarily

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limited to the face of the complaint. Van Buskirk v. Cable News Network, Inc., 284 F.3d 977, 980

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(9th Cir. 2002). Factual allegations in the complaint must be taken as true and reasonable

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inferences drawn from them must be construed in favor of the plaintiff. Cahill v. Liberty Mut. Ins.

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Co., 80 F.3d 336, 337–38 (9th Cir. 1996). The court cannot assume, however, that “the [plaintiff]

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can prove facts that [he or she] has not alleged.” Associated Gen. Contractors of Cal., Inc. v. Cal.

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State Council of Carpenters, 459 U.S. 519, 526 (1983). “Nor is the court required to accept as true

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allegations that are merely conclusory, unwarranted deductions of fact, or unreasonable

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inferences.” Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir.) (cleaned up).

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Federal courts must construe pro se complaints liberally. Hughes v. Rowe, 449 U.S. 5, 9

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(1980); Hearns v. Terhune, 413 F.3d 1036, 1040 (9th Cir. 2005). A pro se plaintiff need only

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provide defendants with fair notice of his claims and the grounds upon which they rest. Hearns,

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413 F.3d at 1043. He need not plead specific legal theories so long as sufficient factual averments

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show that he may be entitled to some relief. Id. at 1041.

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When dismissing a case for failure to state a claim, the Ninth Circuit has “repeatedly held that
a district court should grant leave to amend even if no request to amend the pleading was made,
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unless it determines that the pleading could not possibly be cured by the allegation of other facts.”

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Lopez, 203 F.3d at 1130 (cleaned up).
ANALYSIS

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The court first addresses the possible bases for federal jurisdiction because if there is no federal

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jurisdiction, the court need not address the state claims. Those possible bases are the right to a free

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public education, the state’s alleged interference with the plaintiff’s contractual rights, and

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discrimination based on a medical exemption.
Federal courts are courts of limited jurisdiction. E.g., Owen Equip. & Erection Co. v. Kroger,

United States District Court
Northern District of California

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437 U.S. 365, 374 (1978). “A federal court is presumed to lack jurisdiction in a particular case

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unless the contrary affirmatively appears.” Stock W., Inc. v. Confederated Tribes of the Colville

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Rsrv., 873 F.2d 1221, 1225 (9th Cir. 1989) (cleaned up). The plaintiff bears the burden of proving

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that his case is within federal jurisdiction. See, e.g., In re Ford Motor Co./Citibank (S.D.), N.A., 264

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F.3d 952, 957 (9th Cir. 2001) (citing McNutt v. Gen. Motors Acceptance Corp., 298 U.S. 178, 189

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(1936)).
There are two ways to establish the court’s jurisdiction: federal-question jurisdiction and

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diversity jurisdiction. Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987). There is federal-

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question jurisdiction if the case “aris[es] under the Constitution, laws, or treaties of the United

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States.” 28 U.S.C. § 1331. For diversity jurisdiction, the opposing parties must be citizens of

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different states and the amount in controversy must exceed $75,000. Id. § 1332(a).

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As for diversity jurisdiction, the plaintiff has not established that the parties are diverse. He

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instead contends only that the amount-in-controversy requirement is met. 11 For the parties to be

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diverse, the plaintiff would have to be a citizen of a state other than California.

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The issue then is whether the plaintiff plausibly states a federal claim. He does not.

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First, the plaintiff asserts that defendants violated his children’s right to a public education. The

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Supreme Court has said that education is afforded neither explicit nor implicit protection under the

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U.S. Constitution. San Antonio Indep. Sch. Dist. v. Rodriguez, 411 U.S. 1, 35 (1973). Nonetheless,

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Id. at 4.

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United States District Court
Northern District of California

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state regulations in this area are subject to rational-basis review, that is, they must “bear[] some

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rational relationship to a legitimate state purpose.” Id. at 44; Torrey-Love v. Cal. Dep’t of Educ.,

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No. EDCV162410DMGDTBX, 2017 WL 11636240, at *4 (C.D. Cal. Jan. 12, 2017). Medical-

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exemption regulations that “condition children’s right to attend school on vaccination” have been

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upheld under rational-basis review. Doe v. Zucker, 496 F. Supp. 3d 744, 756–59 (N.D.N.Y. 2020)

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(“[T]he public health concerns in maintaining high immunization rates for vaccine-preventable

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diseases and in avoiding outbreaks of communicable diseases provide ample basis for the newly

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enacted regulations.”); see UnifySCC v. Cody, No. 22-cv-01019-BLF, 2022 WL 2357068, at *8

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(N.D. Cal. June 30, 2022) (upholding a COVID-19 vaccine mandate in the employment context;

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applying rational-basis scrutiny). The plaintiff thus has not plausibly pleaded a violation of his

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children’s right to public education.

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Second, the plaintiff alleges that the California Senate Bill 277 violates Article I, Section 10,
Clause 1 of the federal Constitution, also known as the Contracts Clause.

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“The Contracts Clause provides that ‘No State shall . . . pass any . . . Law impairing the

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Obligation of Contracts.’” Apartment Ass’n of Los Angeles Cnty., Inc. v. City of Los Angeles, 10

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F.4th 905, 912 (9th Cir. 2021). Under the modern approach to alleged violations of the Contracts

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Clause, courts apply a two-step test. Id. at 913 (citing Sveen v. Melin, 138 S. Ct. 1815 (2018)).

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The first step is determining “whether the state law has ‘operated as a substantial impairment

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of a contractual relationship.’” Sveen, 138 S. Ct. at 1821–22 (quoting Allied Structural Steel Co. v.

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Spannaus, 438 U.S. 234, 244 (1978)). Factors relevant to determining the substantial-impairment

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issue “include the extent to which the law undermines the contractual bargain, interferes with a

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party’s reasonable expectations, and prevents the party from safeguarding or reinstating his

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rights.” Apartment Ass’n of L.A., 10 F.4th at 913 (cleaned up).

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If the law is a substantial impairment, then the second step is determining “whether the law is

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drawn in an appropriate and reasonable way to advance a significant and legitimate public

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purpose.” Id. (cleaned up). “A heightened level of judicial scrutiny is appropriate when the

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government is a contracting party.” Id. Also, a party challenging a law impairing private contracts

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has the burden to establish the unreasonableness of the law. Id. (a party challenging a law that was
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enacted for a permissible public purpose can prevail “only if it can show that the provisions it

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challenges were not ‘appropriate and reasonable.’”) (quoting Sveen, 138 S. Ct. at 1822); In re

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Seltzer, 104 F.3d 234, 236 (9th Cir. 1996) (the district court “properly required . . . the objecting

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party[] to carry the burden” of establishing that the challenged law was unreasonable).
Senate Bill 277 was enacted “to provide a means for the eventual achievement of total

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immunization for school-aged children against childhood diseases like measles, Hepatitis B, and

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pertussis (whooping cough), among others.” Torrey-Love, 2017 WL 11636240, at *1 (cleaned up).

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The law “did not create new vaccination requirements” and instead “repealed the personal belief

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exemption, which had allowed parents to opt their child out of the vaccination requirements on the

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basis of their personal beliefs.” Id.
The court concludes that at step one of the analysis, the plaintiff has not plausibly pleaded a

United States District Court
Northern District of California

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claim under the Contracts Clause. The plaintiff has a means of “reinstating his rights,” namely by

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having his children vaccinated. Also, it’s not the case that Senate Bill 277 “undermines the

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contractual bargain” or “interferes with a party’s reasonable expectations” — instead, the

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vaccination requirement was part of the bargain itself, as shown by the fact that the school-

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enrollment agreement seems to require the upload of immunization records. 12

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Third, the plaintiff alleges discrimination based on a medical exemption.

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From a constitutional standpoint, this claim is subject to rational-basis review, because “courts

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have consistently rejected the notion that there is a fundamental right ingrained in the American

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legal tradition to avoid vaccination.” We The Patriots USA, Inc. v. Conn. Off. of Early Childhood

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Dev., 76 F.4th 130, 157 (2d Cir. 2023) (cleaned up). As explained above, California’s vaccination

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requirement survives rational-basis review.

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Otherwise, the Individuals with Disabilities Education Act “confers upon disabled students an

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enforceable substantive right to public education in participating States.” Porter v. Bd. of Trustees

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of Manhattan Beach Unified Sch. Dist., 307 F.3d 1064, 1066 (9th Cir. 2002). But even assuming

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that the plaintiff’s sons are disabled under the Act, see 20 U.S.C. § 1401(3), the Act has an

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Id. at 21–22.

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administrative-exhaustion requirement, McIntyre v. Eugene Sch. Dist. 4J, 976 F.3d 902, 913 (9th

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Cir. 2020). That is, “the IDEA requires that before plaintiffs may file a civil action . . . they must

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exhaust the IDEA’s due process hearing procedure.” Kutasi v. Las Virgenes Unified Sch. Dist.,

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494 F.3d 1162, 1167 (9th Cir. 2007); 20 U.S.C. § 1415(f). Because the plaintiff did not plead that

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this was done, he does not yet have a viable IDEA claim.

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In sum, the complaint fails to adequately plead any federal claim. The court thus does not have

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any supplemental jurisdiction over any state claims. 28 U.S.C. § 1367. The court therefore

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dismisses the complaint with leave to amend.

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CONCLUSION

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United States District Court
Northern District of California

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If the plaintiff can cure the deficiencies that the court has identified, he may do so by filing an

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amended complaint by April 24, 2024. Alternatively, he may voluntarily dismiss the case by filing

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a one-page notice of voluntary dismissal, which will operate as a dismissal without prejudice. If

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the plaintiff does not file an amended complaint by April 24, 2024, the court will reassign the case

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to a district judge and recommend that the newly assigned judge dismiss the case.

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IT IS SO ORDERED.

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Dated: March 27, 2024
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LAUREL BEELER
United States Magistrate Judge

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ORDER – 23-cv-06448-LB

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