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Judge lets Guajome Park Academy lawsuit continue

Judge lets Guajome Park Academy lawsuit continue
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SAN DIEGO -- A federal judge on Thursday denied a former Guajome Park Academy employee's request for a judgment in his favor without a trial in a lawsuit the Vista school filed against him.

Judge Marilyn Huff ruled in a 16-page decision that Guajome Park Academy had shown that disputes about "material facts" exist in the case. A request for summary judgment without a trial can be granted only if a judge decides that "there is no genuine issue as to any material fact," Huff wrote.

Originally filed March 24, 2006, the school's lawsuit alleged that David McCulloch, a former employee, and Beau Duperry, a former student, wrongly obtained grade information from the school's computer database to try to prove an allegation that a student's grade was changed improperly. The school has called the grade-change allegation false.

Duperry has accepted a civil judgment against him and agreed to pay the school $11,000. In court documents, McCulloch has described the allegations against him as "groundless" and has argued that Duperry acted alone in accessing the database without authorization.

Copyright 2012 North County Times. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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