A lawsuit alleging a school counselor forced a 12-year-old student to take a pregnancy test is in limbo today after a judge tentatively ruled the court does not have jurisdiction.

Local lawyer Troy Vahidi — with the help of the Pacific Justice Institute — filed suit in October 2008 on behalf of the girl, identified in court documents as C.R. The case was then taken over by Matthew McReynolds, associate counsel with the institute described as a “nonprofit legal defense organization specializing in the defense of religious freedom, parental rights and other civil liberties.”

C.R.'s parents are alleging that Steve Davis, a counselor at Seven Hills Middle School, pulled her out of class on several occasions to ask her about rumors she was pregnant, then forced her to take the pregnancy test. The lawsuit alleges the incident violated her right to privacy and inflicted emotional distress and asks for unspecified damages.

On Thursday, Nevada County Superior Court Judge Robert Tamietti tentatively ruled that, because an arbitration decision and entry of judgment were filed, and no one challenged it within 30 days, the civil suit could not go forward.

The arbitrator “gave zero to the plaintiff,” said Nevada City School District lawyer Carol Wieckowski.

“We thought they would file a motion to seek relief, but they never have,” Wieckowski said. “It's been almost two months now ... The court is saying the case is over.”

Wieckowski assumed the oversight in filing a challenge was a clerical error, she said, adding, “I'm sure this is a wake-up call.”

But the girl's lawyer called the failure to file a challenge “a technicality.” McReynolds said a different statute gives him six months to file a motion to overturn the arbitrator's ruling.

He also asserted there was “some confusion” as to the arbitrator's role.

“He didn't conduct a typical arbitration, so it was surprising when he came out with an award,” McReynolds said. “He didn't hear any witnesses, he didn't take any evidence. It wasn't a normal arbitration and, from our perspective, (a decision) shouldn't have been entered.”

In McReynolds' view, Tamietti's tentative ruling “pretty much invited us to submit” a motion to overturn the arbitrator's decision. He said he will file the motion in the next few days.

“Once this technicality is cleared up, we fully expect to resume litigation in this case,” he said.

A hearing on a gag order requested by the school district, scheduled for this afternoon, has been taken off the court calendar. The motion asked Tamietti to prevent Pacific Justice Institute attorneys from talking to the media, according to McReynolds.

In October, McReynolds told The Union a minor who was not a friend of the alleged victim had testified she was in the school office and heard school counselor Davis say he had tested C.R., and she wasn't pregnant.

“It is ironic that a school district accused of violating a student's privacy rights is now taking extraordinary steps to shield itself from negative publicity,” McReynolds said in a statement issues before Tamietti's ruling.

To contact Staff Writer Liz Kellar, e-mail lkellar@theunion.com or call (530) 477-4229.