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Jury Award Against School Voided in Custody Case

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More than four years after a couple’s two grandchildren were picked up at San Marino Unified school campuses and taken to France by their father, a judge has dealt another blow to Diana and Milan Cheyovich by voiding a $1.4-million jury award against the school district over the boys’ release.

Pasadena Superior Court Judge Coleman A. Swart has ruled a new trial is needed in the case.

In a ruling that voids the November jury award to the Cheyovichs against the San Marino Unified School District, Swart said there were irregularities in the jury deliberations, insufficient evidence of cause for such damages and misrepresentation, and hence the award was excessive.

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But Diana Cheyovich said Monday they have not given up the fight for their grandchildren in the French courts and will continue to pursue the school district.

The Cheyovichs had reared the grandchildren for more than half the boys’ lives during their daughter Joan’s rocky marriage to Jacky Joye. When their daughter died in 1992, the Cheyovichs won temporary custody of Nicholas, 8, and Daniel, 12.

In 1992, the French father walked into Valentine Elementary and Huntington Middle schools and demanded that officials release the children. He then flew them to France.

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