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Lawyers in the Vergara v. California case will be back in Los Angeles Superior Court tomorrow for Judge Rolf Treu to hear arguments from the defendants  to dismiss the case without a trial. Again.

The lawsuit, known colloquially as the “Bad Teacher” lawsuit, has been brought by Students Matter on behalf of nine California students and seeks to strike down five state statutes that they contend deprive students of equal access to quality education by protecting ineffective teachers.

Lawyers for the defendants – the state, three school districts and the state’s two major teacher unions — are arguing that the court should reject those claims and dismiss the case.

The students’ lawyers, meanwhile, plan to argue that they have gathered more evidence over the last year, showing that the statutes cause grave and irreparable harm to students, a rationale to ask the court to deny the dismissal request.

This is the third time that the defendants have sought a dismissal without a trial using the same arguments. Judge Treu and an appeals court rejected the earlier efforts.

If a trial proceeds, it would start on Jan. 27.

Previous Posts: Olson Previews Arguments in Vergara ‘Bad Teacher’ Lawsuit; Unions Ask Court to Dismiss ‘Bad Teacher’ Suit; LA Unified Dropped as Defendant in Vergara Lawsuit.