A state appellate court has ordered a new trial — but only on damages for the breach of duty to defend — in a decade‑long dispute between the City of Taft and the Taft Union School District.
The case stems from a 2013 incident where 16-year-old student Bryan Oliver brought a shotgun onto campus and shot classmate Bowe Cleveland. Cleveland was seriously injured and survived.
Later that year, the victim’s family sued the school district in Kern County Superior Court and was awarded $3.8 million in damages in 2019.
Taft Union High School District had contracted with the City of Taft police department to provide police protection at the high school. On the day of the shooting, the officer assigned to the school was snowed in, and the city did not assign another officer to cover.
In 2015, the school district filed its own suit against the City of Taft, alleging breach of contract. It argued the city failed its contractual obligations to have a full-time police presence on campus. The district sought to have the city pay for the damages awarded to Cleveland and also to recover its attorneys' fees.
The district lost the lawsuit and appealed to the Fifth Appellate District. In a decision in April, the judges made a split ruling.
"The cause is remanded to the trial court for a new trial on the issue of damages for the breach of contract to defend," wrote Judge Bert Levy.
This means TUHSD may try to recover its attorneys' fees. But the appellate court denied the district from recovering the damages it paid to Cleveland.
The City of Taft strongly disputes that finding, insisting it met its contractual obligations with the district. The city has now appealed to the California Supreme Court. Justices have 30 days to decide whether they’ll take up the case.
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