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1 EDUARDO M. MADRID, ESQ. (State Bar No. 82395)
Ed@madridlawfirm.com
2 ERICA L. MADRID, ESQ. (State Bar No. 229327)
Erica@madridlawfirm.com
3 MADRID LAW FIRM
A PROFESSIONAL LAW CORPORATION
4 El Central Real Plaza
12612 Central Avenue
5 Chino, California 91710
6 Telephone: (909) 628-0068
Facsimile: (909) 628-0067
7
Attorney for Plaintiff, JOHN JB DOE, a Minor, By and Through His Guardian Ad Litem,
8 ZYNDA BURILLO
9 SUPEIUOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF RIVERSIDE
11 JOHN JB DOE, A Minor, By and Through his ) Case No.:
Guardian Ad Litem, Zynda Burillo, )
12 ) COMPLAINT FOR DAMAGES FOR:
Plaintiff, )
13 ) 1. INTERFERENCE WITH
vs. ) EXERCISE OF CIVIL IUGHTS
14 ) (Cal. Civ. Colle Section 52.1);
CORONA-NORCO UNIFIED SCHOOL ) 2. SEXUAL HARASSMENT
15 (Cal. Civ. Colle Section 51.9);
DISTRICT, A Governmental Entity; ))
ELEANOR ROOSEVELT HIGH SCHOOL, 3. SEXUAL BATTERY;
16 4. GENDER VIOLENCE
A Public School within the Corona-Norco )
17 Unified School District, AMANDA ~ 5.
(Cal. Civ. Colle Section 52.4);
ASSAULT;
QUINONEZ, individually, and as a teacher for) 6, BATTERY;
18 Eleanor Roosevelt High School for the ) 7. INTENTIONAL INFLICTION OF
Corona-Norco Unified School District, and ) EMOTIONAL DISTRESS;
19 DOES 1 to 100, INCLUSIVE. ) 8. NEGLIGENCE;
) 9. NEGLIGENT SUPERVISION;
20 ) 10. NEGLIGENT
Defendants.
) HIRING/RETENTION.
21 )
________________) DEMAND FOR JURY TRIAL
22
23 Comes now the Plaintiff, JOHN JB DOE, by and through his Guardian Ad Litem, Zynda
24 Burillo and alleges as follows:
25
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COMPLAINT FOR DAMAGES
1 1. At all times mentioned herein, Plaintiff John JB Doe, a minor, (hereinafter "Plaintiff'')
2 was a resident of the County of Riverside, State of California. The name used by JOHN
3 JB DOE in this Complaint is not the actual name of JOHN JB DOE, but is a fictitious
4 name utilized to protect the privacy of JOHN JB DOE, a minor and victim of childhood
5 sexual harassment and abuse. Plaintiff JOHN JB DOE, is a male, born on 05/01/2007,
6 and was a minor during the entire time of the sexual misconduct alleged herein.
7 2. At all times mentioned herein, Defendant, CORONA-NORCO UNIFIED SCHOOL
8 DISTRICT, was and is a governmental entity, operating a school district with its
9 principal place of business in the County of Riverside, State of California. Defendant
10 CORONA-NORCO UNIFIED SCHOOL DISTRICT purposely conducts substantial
11 educational business activities in the State of California, and is and was the primary
12 entity owning, operating, managing, supervising, and controlling, Defendant, ELEANOR
13 ROOSEVELT HIGH SCHOOL, who employed Defendant AMANDA QUINONEZ as a
14 high school teacher and was a language arts teacher of plaintiff herein.
15 3. At all times mentioned herein, Defendant ELEANOR ROOSEVELT HIGH SCHOOL,
16 was and is a public educational institution of the Defendant, CORONA-NORCO
17 UNIFIED SCHOOLD DISTRICT, operating as a high school for students approximately
18 13 years of age through approximately 18 years of age.
19 4. At all times mentioned herein, Defendant AMANDA QUINONEZ, was an adult female
20 individual, who plaintiff is informed and believes, and on that basis alleges, currently
21 resides in the County of Riverside, State of California.
22 5. During the period of time which the childhood sexual harassment and abuse of plaintiff
23 JOHN JB DOE, alleged herein, took place, Defendant AMANDA QUINONEZ, was a
24 teacher1 mentor, coach and advisor at ELEANOR ROOSEVELT HIGH SCHOOL;
25
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COMPLAINT FOR DAMAGES
1 employed by both the CORONA-NORCO UNIFIED SCHOOL DISTRICT and
2 ELEANOR ROOSEVELT HIGH SCHOOL.
3 6. At all times mentioned herein, Defendant AMANDA QUINONEZ, was hired as an
4 employee, agent and/or servant of the Defendant CORONA-NORCO UNIFIED
5 SCHOOL DISTIUCT and ELEANOR ROOSEVELT HIGH SCHOOL, and was under
6 their complete control and/or active supervision.
7 7. At all times mentioned herein, Defendant AMANDA QUINONEZ, was an adult teacher,
8 mentor, coach, advisor, and employee of both the CORONA-NORCO UNIFIED
9 SCHOOL DISTRICT and ELEANOR ROOSEVELT HIGH SCHOOL, acting as an
10 employee, agent, and/or servant of such and/or was under their complete control and/or
11 supervision. Defendant AMANDA QUINONEZ, was employed as a teacher and coach
12 by the CORONA UNFIED SCHOOL DISTRICT and ELEANOR ROOSEVELT HIGH
13 SCHOOL, to serve as a teacher, mentor, coach and advisor to minor high school students
14 of ELEANOR ROOSEVELT HIGH SCHOOL. In doing so, the CORONA-NORCO
15 UNIFIED SCHOOL DISTRICT and ELEANOR ROOSEVELT HIGH SCHOOL, held
16 out to the public, plaintiff, and plaintiffs family to be of high ethical and moral repute,
17 and to be in good standing with the CORONA-NORCO UNIFIED SCHOOL DISTRICT,
18 the State of California, and the public in general. In this capacity, Defendant AMANDA
19 QUINONEZ, taught, mentored and advised students regarding personal issues, language
20 arts, academics, sports, sport training, foture employment prospects, and general
21 emotional and psychological issues. Both the CORONA-NORCO UNIFIED SCHOOL
22 DISTRICT and ELEANOR ROOSEVELT HIGH SCHOOL, held out to the public,
23 plaintiff, plaintiffs parents to be highly qualified teacher, mentor, coach and advisor who
24 could and would assist plaintiff with working through personal and academic issues he
25 faced. Inherent in this representation was the understanding that Defendant AMANDA
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COMPLAINT FOR DAMAGES
1 QUINONEZ, was a person of high ethical and moral standing, selected to provide
2 leadership, guidance, mentoring, coaching, and advising to students, including Plaintiff.
3 Plaintiff and his family reasonably assumed that Defendant AMANDA QUINONEZ was
4 a person worthy of their trust.
5 8. Defendants Does 1 to 100, inclusive, are sued herein under fictitious names. Their true
6 names and capacities are unknown to plaintiffs. When their true names and capacities are
7 asce1tained, plaintiffs will amend this complaint by inserting their true names and
8 capacities herein. Plaintiffs are informed and believe and thereon allege that each of the
9 fictitiously named Defendants is responsible in some manner for the occurrences herein
10 alleged, and that Plaintiffs' damages as herein alleged were proximately caused by those
11 Defendants. Each reference in this complaint to "Defendant", "Defendants", or a
12 specifically named Defendant refers also to all Defendants sued under fictitious names.
13 9. Plaintiff is informed and believes, and on that basis alleges, that at all times mentioned
14 herein, each Defendant was responsible in some manner or capacity for the occurrences
15 herein alleged, and that plaintiffs damages, as herein alleged, were proximately caused
16 by all said Defendants. Defendants the CORONA-NORCO UNIFIED SCHOOL
17 DISTRICT, ELEANOR ROOSEVELT HIGH SCHOOL, AMANDA QUINONEZ and
18 DOES I to 100, are sometimes collectively referred to herein as "Defendants" and/or as
19 All Defendants"; such collective reference refers to all specifically named Defendants.
20 I 0. Plaintiff is informed and believes, and on that basis alleges, that at all times mentioned
21 herein, Defendants and each of them, were the agents, representatives, and/or employees
22 of each and every other defendant. In doing the things alleged hereinafter, Defendants
23 and each of them, were acting within the course and scope of said alternative personality,
24 capacity, identity, agency, representation and/or employment and were within the scope
25 of their authority, whether actual or apparent.
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COMPLAINT FOR DAMAGES
1 11. Plaintiff is informed and believes, and on that basis alleges, that at all times mentioned
2 herein, Defendants and each of them, were the trustees, partners, servants, joint venturers,
3 shareholders, contractors, and/or employees of each and every other Defendant, and the
4 acts and omissions herein alleged were done by them, acting individually, through such
5 capacity and within the scope of their authority, and with the permission and consent of
6 each and every other Defendant, and that said conduct was thereafter ratified by each and
7 every other Defendant, and that each of them is jointly and severally liable to plaintiff.
8 12. Notwithstanding that plaintiff is exempt from the government tort-claim filing
9 requirement pursuant to Government Code Section 905 (m) plaintiff timely filed a writte1
10 claim against the CORONA-NORCO UNIFIED SCHOOL DISTRICT on May 4, 2022
11 pursuant to Government Code Section 910. On or about May 16, 2022, the claim was
12 formally rejected and notice was served by U.S. mail. This complaint is being timely
13 filed.
14 JURISDICTION AND VENUE
15 13. At all times herein mentioned, all the defendants' acts or omissions allegedly occurred
16 within the County of Riverside, State of California.
17 FACTUAL ALLEGATIONS APPLICABLE TO ALL CAUSES OF ACTION
18 14. Plaintiff was 14 years old when the alleged abuse began, and all claims arising out of the
19 sexual abuse and harassment occurred after January of 2021.
20 15. Beginning on or around 11/2021 to 4/12/2022, while a student at ELEANOR
21 ROOSEVELT HIGH SCHOOL, plaintiff was sexually harassed and abused by his high
22 school teacher, Defendant AMANDA QUINONEZ, employee and agent of Defendant
23 CORONA-NORCO UNIFIED SCHOOL DISTRICT and ELEANOR ROOSEVELT
24 HIGH SCHOOL.
25
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COMPLAINT FOR DAMAGES
1 16. At all times mentioned herein, plaintiff was a student al Defendant ELEANOR
2 ROOSEVELT HIGH SCHOOL and the CORONA-UNIFIED SCHOOL DISTRICT, and
3 was under their complete control and supervision.
4 17. At all times mentioned herein, Defendants and each of them, starting from approximately
5 November of2021 through April 12, 2022, sexually harassed and abused plaintiff, who
6 was a minor at the time. Such conduct was done for Defendant AMANDA QUINONEZ'
7 sexual gratification and performed on plaintiff without his free consent, as plaintiff as a
8 minor and thus unable to give valid, legal consent to such sexual acts. These actions upon
9 plaintiff constituted conduct in violation of the California Penal Code for felony child
10 enticement, lewd and lascivious conduct, sexual battery and other potentially violations
11 of the California Penal Code.
12 18. As a student at Defendant ELEANOR ROOSEVELT HIGH SCHOOL and the
13 CORONA-NORCO UNIFIED SCHOOL DISTRICT, where Defendant AMANDA
14 QUINONEZ was employed and worked, plaintiff was under Defendant's AMANDA
15 QUINONEZ' direct supervision, care and control, thus creating a special relationship,
16 fiduciary relationship, and/or special care relationship with Defendants and each of them.
17 Additionally, as a minor child under the custody, care, and control of Defendants and
18 each of them, Defendants stood i11 loco parentis with respect to plaintiff while he was
19 attending school and school related functions at ELEANOR ROOSEVELT HIGH
20 SCHOOL and the CORONA-NORCO UNIFIED SCHOOL DISTRICT. As the
21 responsible parties and/or employers controlling Defendant AMANDA QUINONEZ,
22 Defendants were also in a special relationship with plaintiff and owed special duties to
23 plaintiff.
24 19. Plaintiff is informed and believes, and on that basis alleges, that Defendants, and each of
25 them, knew or had reason to know, that Defendant AMANDA QUINONEZ, had engaged
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COMPLAINT FOR DAMAGES
1 in unlawful sexually-related conduct with minors in the past, and/01· was continuing to
2 engage in such conduct with plaintiff. Defendants and each of them, had a duty to
3 disclose these facts to plaintiff, his parents and others, but negligently and/or intentionall
4 suppressed, concealed and failed to disclose this information. The duty to disclose this
5 information arose by the special, trusting, confidential, fiduciary, and/or in loco parentis
6 relationship between Defendants and each of them, and plaintiff and plaintiffs parents.
7 20. Defendants, and each of them, failed to take reasonable steps and/or implement
8 reasonable safeguards to avoid acts of unlawful sexual conduct by Defendant AMANDA
9 QUINONEZ, including, but not limited to preventing abuse of children in an inherent
10 part of that function or environment. Plaintiff is informed and believes, on that basis
11 alleges, that Defendants and each of them, had actual and constructive notice of incidents
12 of inappropriate conduct by Defendant AMANDA QUINONEZ, including such facts as
13 those set forth in this complaint,
14 21. Plaintiff is informed and believes, on that basis alleges, that prior to and during the sexual
15 harassment and abuse of plaintiff, Defendants knew or should have known that
16 Defendant AMANDA QUINONEZ, had violated her role as a teacher, mentor, advisor,
17 coach and faculty member, and used her position of authority and trust acting on behalf
18 of Defendants and each of them, to gain access to children, including plaintiff, on and off
19 the school facilities and grounds, in which she engaged in sexual misconduct, harassment
20 and abuse, with such children including plaintiff.
21 22. With actual and constructive knowledge that Defendant AMANDA QUINONEZ had
22 previously engaged in dangerous and inappropriate conduct, including sexually harassing
23 other minors at ELEANOR ROOSEVELT HIGH SCHOOL. Defendants and each of
24 them, knowingly failed to take reasonable steps, and failed to implement safeguards to
25 avoid acts of unlawful sexual conduct in the future by Defendant AMANDA
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COMPLAINT FOR DAMAGES
1 QUINONEZ, including but not limited to, preventing or avoiding placement of
2 AMANDA QUINONEZ in a function or environment in which contact with children was
3 an inherent aspect of that function or environment.
4 23. Defendants, and each of them have failed to uphold numerous mandatory duties imposed
5 upon them by state and federal law, and by written policies and procedures applicable to
6 Defendants, including but not limited to the following:
7 • Duty to use reasonable care to protect students from known or foreseeable
8 clangers (Government Code §§820, 815.2);
9 • Duty to refrain from taking official action that contradicts the provisions of
10 Article I, section 28(c) of the California Constitution;
11 • Duty to enact policies and procedures that are not in contravention of the Federal
12 Civil Rights Act, section 1983, and the 14th Amendment ofthe United States
13 Constitution;
14 • Duty to protect students and staff, and provide adequate supervision;
15 • Duty to ensure that any direction given to faculty and students is lawful, and that
16 adults act fairly, responsibly and respectfully towards faculty and students;
17 • Duty to properly train teachers, athletic directors, athletic coaches, youth
18 counselors, mentors, administrators, and staff so that they are aware of their
19 individual responsibility for creating and maintaining a safe environment;
20 • Duty to supervise faculty and students and enforce rules and regulations
21 prescribed for schools, exercise reasonable control over students as is reasonably
22 necessary to maintain order, protect properly, or protect the health and safety of
23 faculty and students or to maintain proper and appropriate conditions conducive
24 to learning.
25 • Duty to exercise careful supervision of the moral conditions in the school;
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COMPLAINT FOR DAMAGES
1 • Duty to hold pupils to strict account for their conduct on the way to and from
2 school, on the playgrounds or during recess;
3 • Duty to properly monitor students, prevent or correct harmful situations or call for
4 help when a situation is beyond their control;
5 • Duty to ensure that personnel are actually on hand and supervising students;
6 • Duty to provide enough supervision to students;
7 • Duty to supervise diligently;
8 • Duty to act promptly and diligently and not ignore or minimize problems;
9 • Duty to refrain from violating Plaintiffs right to protection from bodily restraint
10 or harm, from personal insult, from defamation, and from injury to his personal
11 relations (Civil Code § 43);
12 • Duty to abstain from injuring the person or property of Plaintiff, or infringing
13 upon any of his rights (Civil Code§ 1708);
14 • Duty to report suspected incidents of child abuse and more specifically childhood
15 sexual abuse (Penal Code§§ 11166, 11167; and
16 • Duty to prevent discrimination or sexual harassment and abuse from occurring in
17 public educational facilities (Educational Code§ 200, et seq.).
18 24. Compulsory education laws create a special relationship between students and
19 Defendants, and students have a constitutional guarantee to a safe, secure and peaceful
20 school environment. Defendants and each of them failed to acknowledge unsafe
21 conditions, and therefore failed to guarantee safe surroundings in an environment in
22 which plaintiff was not free to leave, specifically including but not limited to allowing
23 AMANDA QUINONEZ to take children for purposes of sexual activity and allowing
24 AMANDA QUINONEZ to operate isolated environments, incapable of monitoring from
25
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COMPLAINT FOR DAMAGES
1 the outside, wherein AMANDA QUINONEZ sexually harassed and abused plaintiff and
2 others.
3 25. Defendants and each of them had and have a duty to protect students, including plaintiff.
4 Defendants were required, and failed, to provide adequate campus and off-site school
5 event supervision, and failed to be properly vigilant in seeing that supervision was
6 sufficient to ensure the safety of plaintiff and others.
7 26. Defendants and each of them lodged with AMANDA QUINONEZ the color of authority,
8 by which she was able to influence, direct, and abuse plaintiff and others, and to act
9 illegally, unreasonably and without respect for the person and safety of Plaintiff.
10 27. Defendants and each of them had a duty to and failed to adequately train and supervise all
11 advisors, teachers, mentors, and staff to create a positive, safe, spiritual and educational
12 environment, specifically including training to perceive, report and stop inappropriate
13 conduct by other members of the staff, specifically including AMANDA QUINONES,
14 with children.
15 28. Defendants and each of them had a duty to and failed to enact and enforce rules and
16 regulations prescribed for schools, and execute reasonable control over students
17 necessary to protect the health and safety of the student and maintain proper and
18 appropriate conditions conducive to learning.
19 29. Defendants and each of them were required to and failed to exercise careful supervision
20 of the moral conditions in their school, and provide supervision before and after school.
21 This duty extended beyond the classroom.
22 30. In subjecting plaintiff to the wrongful treatment herein described, AMANDA
23 QUINONEZ acted willfully and maliciously with the intent to harm plaintiff, and in
24 conscious disregard of plaintiffs rights, so as to constitute malice and/or oppression
25 under California Civil Code section 3294. Plaintiff is therefore entitled, to the recovery o
COMPLAINT FOR DAMAGES
1 punitive damages, in an amount to be determined by the court, against AMANDA
2 QUINONEZ, in a sum to be shown according to proof. Further, in an action for damages
3 against this Defendant based upon the Defendant's commission of a felony offense for
4 which that Defendant shall be convicted, the court may upon motion, award reasonable
5 attorney's fees to the prevailing plaintiff against this defendant who has been convicted
6 of the felony. Code of Civil Procedure section 1021.4. Plaintiff reserves the right to
7 request attorney's fees from this Defendant pursuant to this code section, based upon
8 AMANDA QUINONEZ' felony convictions, for any felony criminal acts perpetrated
9 against plaintiff.
10 FIRST CAUSE OF ACTION
[Interference with Exercise of Civil Rights: Violation of Cal. Civ. Code Section 52.1 -
11
Against ALL DEFENDANTS]
12
31. Plaintiff repeats and repleads and incorporates herein by reference paragraphs 1 through
13
30 as though duly set forth herein.
14
32. Cal. Civ. Code Section 52.1, the Bane Act, provides that it is unlawful to interfere with
15
the exercise and enjoyment of any rights under the Constitution and laws of this state and
16
the United States by use of threats, intimidation or coercion.
17
33. Cal. Civ. Code Sections 51.7 and 52.4 guarantee the rights to persons in California to be
18
19
free from assault, battery and/or violence or threats of violence based on his or her sex.
20 34. Cal. Civ. Code Section 43 guarantees the right of every person the right of protection
21 from bodily restraint or harm and personal insult.
22 35. At all times mentioned herein, defendants and each of them, intentionally interfered with
23 or attempted to interfere with plaintiffs clearly established rights guaranteed under the
24
United States and Califomia laws, including, but not limited to plaintiffs right of
25
protection from battery, assault, intimidation, and other civil rights.
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COMPLAINT FOR DAMAGES
1 36. At all times mentioned herein, Defendants and each of them, committed acts of civil
2 sexual battery in violation of Cal. Civ. Code Section 1708.5, when Defendant, AMANDA
3
QUINONEZ, will folly, maliciously, intentionally, and without the consent of plaintiff
4
who was incapable of consenting due to his minor age, kissed, inappropriately, forcefully,
5
harmfully and offensively touched and groped, and inappropriately, intimately, forcefully
6
and offensively touched the plaintiff in a lewd and lascivious manner.
7
37. As a direct and proximate cause of this harmful and offensive touching, plaintiff suffered
8
severe emotional distress, humiliation, embarrassment, mental and emotional distress and
9
10
anxiety, and other consequential damages, in amount to be proven at the time of trial.
11 38. The aforesaid acts directed towards the Plaintiff were carried out with a conscious
12 disregard of Plaintiffs rights to be free from such tortious behavior, such as to constitute
13 oppression, fraud or malice pursuant to Cal. Civ. Code section 3294, entitling Plaintiff to
14 punitive damages against Defendant AMANDA QUINONEZ in an amount according to
15
proof.
16
39. In addition to and/or in lieu of plaintiffs election, plaintiff is entitled lo receive and
17
hereby seeks statutory damages pursuant to Cal. Civ. Code Section 52 (b ), including
18
actual and exemplary damages.
19
40. Pursuant to Cal. Civ. Code Section 52 (b) (3), plaintiff has incurred, and will continue to
20
incur attorneys' fees in the prosecution of this action and therefore demands such
21
reasonable attorneys' fees and costs as set by the Court.
22
23 SECOND CAUSE OF ACTION
[Sexual Harassment: Cal. Civ. Cocle § 51.9 -Against ALL DEFENDANTS]
24
41. Plaintiff hereby repeats and repleads and incorporates herein by reference paragraphs 1
25
through 40 above as though fully set forth herein.
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COMPLAINT FOR DAMAGES
1 42. Education Code section 220 states, "No person shall be subjected to discrimination on the
2 basis of disability, gender, gender identity, gender expression, nationality, race or
3 ethnicity, religion, sexual orientation, or any other characteristic that is contained in the
4 definition of hate crimes set fotth in Section 422.55 of the Penal Code in any program or
5 activity conducted by an educational institute that received, or benefits from, state
6 financial assistance or enrolls pupils who receive state student financial aid."
7 43. Education Code section 201 states. "All pupils have the right to participate fully in the
8 educational process, free from discrimination and harassment[ ... ] California's public
9 schools have an affirmative obligation to combat racism, sexism, an other forms of bias,
10 and a responsibility to provide equal education opportunity[ ... ] Harassment on school
11 grounds directed at an individual on the basis of personal characteristics or status creates
12 a hostile environment and jeopardized equal educational opportunity as guaranteed by the
13 California Constitution and the United States Constitution[... ] There is an urgent need to
14 prevent and respond to acts of hate violence and bias-related incidents that are occurring
15 at an increasing rate in California's public schools[ ... ] It is the intent of the Legislature
16 that this chapter shall be interpreted as consistent with[ ... ] Title IX of the Education
17 Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.) [... ] the Unruh Civil Rights Act
18 (Secs. 51 to 53, incl., Civ. C.), and the Fair Employment and Housing Act (Pt 2.8
19 (commencing with Sc. 12900), Div. 3, Gov. C.), except where this chapter may grant
20 more protections or impose additional obligations, and that the remedies provided herein
21 shall not be the exclusive remedies, but may be combined with remedies that may be
22 provided by the above statutes."
23 44. The California Supreme Coutt has determined: "Responsibility for the safety of public
24 school students is not borne solely by instructional personnel. School principals and
25 other supervisory employees, to the extent their duties include overseeing the educational
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COMPLAINT FOR DAMAGES
1 environment and performance of teachers and counselors, also have the responsibility of
2 taking reasonably measures to guard pupils against harassment. .. "C.A. v. Williams S.
3 Hart Union High School Dist., et al., (2012) 53 Cal. 4th 861,871.
4 45. "A Principal is liable when it ratifies an originally authorized tort. The failure to
5 discharge an agent or employee may be evidence of ratification ... If the employer, after
6 knowledge or opportunity to learn of the agent's misconduct, continues the wrongdoer in
7 service, the employer may become an abettor and may make himself liable in punitive
8 damages." Murillo v. Rite Stuff Foods Ihc., (1998) 65 Cal.App. 4 th 833, 852 (internal
9 citations omitted).
10 46. During Plaintiffs time as a student at ELEANOR ROOSEVELT HIGH SCHOOL,
11 Defendant AMANDA QUINONEZ intentionally, recklessly and wantonly made sexual
12 advances, solicitations, requests, demand for sexual compliance of a hostile nature based
13 on Plaintiffs gender that were unwelcome, pervasive and severe, including but not
14 limited to Defendant AMANDA QUINONEZ: sending sexually explicit and harassing
15 messages, inappropriate lewd and lascivious photographs and videos of herself, and
16 kissing, touching and groping the plaintiff inappropriately, all while AMANDA
17 QUINONEZ was acting in the course and scope of her agency/employment with
18 Defendants, and each of them.
19 47. The incidents of abuse outlined herein above took place while Plaintiff was under the
20 control of AMANDA QUINONEZ, in her capacity and position as a teacher, advisor and
21 mentor and while acting specifically on behalf of Defendants.
22 48. During Plaintiffs time as a student at ELEANOR ROOSEVELT HIGH SCHOOL,
23 Defendant AMANDA QUINONEZ, intentionally recklessly and wantonly did acts which
24 resulted in psychological harm to the Plaintiff, including but not limited to, using her
25
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COMPLAINT FOR DAMAGES
1 position as a teacher, coach, advisor, and mentor to sexually harass and abuse the
2 Plaintiff, and to use her authority and position of trust to exploit the Plaintiff emotionally.
3 49. Because of Plaintiffs relationship with AMANDA QUINONEZ as a student at
4 ELEANOR ROOSEVELT HIGH SCHOOL and THE CORONA-NORCO UNIFIED
5 SCHOOL DISTRICT, and Plaintiffs young age as a minor student, Plaintiff was unable
6 to easily terminate the student-teacher, student-advisor, and student-mentor relationships
7 she had with the Defendant AMANDA QUINONEZ.
8 50. Because of AMANDA QUINONEZ's position of authority over Plaintiff, and Plaintiffs
9 mental and emotional state, and Plaintiffs young age under the age of consent, Plaintiff
10 was able to, and did not give meaningful consent to such acts.
11 51. Even though the Defendants knew or should have known of these activities by Defendant
12 AMANDA QUINONEZ, Defendants did nothing to investigate, supervise or monitor
13 Defendant AMANDA QUINONEZ to ensure the safety of the minor students, but instead
14 ratified such conduct by retaining AMANDA QUINONEZ in employment and retaining
15 the benefits of her employment.
16 52. Defendants' conduct was a breach of their duties to Plaintiff. Defendant CORONA-
17 NORCO UNIFIED SCHOOL DISTRICT and ELEANOR ROOSEVELT HIGH
18 SCHOOL ratified AMANDA QUINONEZ's illicit sexual harassment of Plaintiff by
19 retaining her, in employment despite having knowledge that the sexual harassment was
20 occurring.
21 53. As a result of the above-described conduct, Plaintiff has suffered and continues to suffer
22 great pain of mind and body, shock, emotional distress, physical manifestations of
23 emotional distress, embarrassment, loss of self-esteem, disgrace, humiliations, and loss o
24 enjoyment of life; has suffered and continues to suffer and was prevented and will
25 continue to be prevented from performing daily activities and obtaining the full
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COMPLAINT FOR DAMAGES
1 enjoyment of life; will sustain loss of earnings and earning capacity, and/or has incurred
2 and will continue to incur expenses for medical and psychological treatment, therapy, and
3 counseling.
4 54. The aforesaid acts directed towards the Plaintiff were carried out with a conscious
5 disregard of Plaintiffs rights to be free from such tortious behavior, such as to constitute
6 oppression, fraud or malice pursuant to Cal. Civil Code section 3294, entitling Plaintiff to
7 punitive damages against Defendant AMANDA QUINONEZ in an amount appropriate t
8 punish and set an example of her, and also pursuant to Cal. Civil Code section 52.
9 Plaintiff is also entitled to attorney's fees and costs from Defendants AMANDA
10 QUINONEZ and CORONA-NORCO UNIFIED SCHOOL DISTRICT pursuant to Cal.
11 Civil Code section 52, especially given CORONA-NORCO UNIFIED SCHOOL
12 DISTRICT's authorization or ratification of such acts by its managing agents, officers
13 and directors.
14 THIRD CAUSE OF ACTION
[Sexual Battery: Cal. Civ. Cocle Section 1708.5 - Against ALL DEFENDANTS]
15
55. Plaintiff hereby repeats and repleads and incorporates herein by reference paragraphs 1
16
17 through 54 above as though fully set forth herein.
18 56. Cal. Civ. Code Section 1708.5(a) provides: A person commits a sexual battery who does
19 any of the following: (1) acts with the intent to cause a harmful or offensive contact with
20 an intimate part of another, and a sexually offensive contact with that person directly or
21 indirectly results. (2) Acts with the intent to cause a harmful or offensive contact with
22
another use of his or her intimate part, and a sexually offensive contact with that person
23
directly or indirectly results. (3) Acts to cause an imminent apprehension of the conduct
24
described in paragraph (1) or (2), and sexually offensive conduct with that person directly
25
or indirectly results.
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COMPLAINT FOR DAMAGES
1 57. Cal. Civ. Code Section 1708.S(d) defines "intimate part" as the sexual organ, anus, groin,
2 or buttocks of any person or the breast of a female.
3
58. Cal. Civ. Code Section 1708.5(1) defines "offensive contact" to mean contact that offends
4
a reasonable sense of personal dignity.
5
59. At all times mentioned herein, Defendants and each of them, committed acts of civil
6
sexual battery in violation of Cal. Civ. Code Section 1708.5, when Defendant,
7
AMANDA QUINONEZ, willfully, maliciously, intentionally, and without the consent of
8
plaintiff who was incapable of consenting due to his minor age, kissed, inappropriately,
9
forcefully and offensively touched and groped, and inappropriately, intimately, forcefully
10
11 and offensively touched the plaintiff in a lewd and lascivious manner.
12 60. As a direct and/or proximate result of Defendants, and each of them, unlawful conduct as
13 alleged hereinabove, plaintiff has suffered severe emotional distress, humiliation,
14 embarrassment, mental and emotional distress, and anxiety, and all in an amount
15
according to proof.
16
61. The aforesaid acts directed towards the Plaintiff were carried out with a conscious
17
disregard of Plaintiffs rights to be free from such tortious behavior, such as to constitute
18
oppression, fraud or malice pursuant to Cal. Civ. Code section 3294, entitling Plaintiff to
19
punitive damages against Defendant AMANDA QUINONEZ in an amount according to
20
proof.
21
FOURTH CAUSE OF ACTION
22
[Gender Violence: Cal. Civ. Code Section 52.4 - Against ALL DEFENDANTS]
23
62. Plaintiff repeats and repleads and incorporates herein by reference paragraphs I through
24
61 as though duly set forth herein.
25
-17-
COMPLAINT FOR DAMAGES
1 63. Cal. Civ. Code Section 52.4 (c) defines "gender violence" as: (1) one or more acts that
2 would constitute a criminal offense under state law that has an element the use, attempted
3
use or threatened use of physical force against the person or property of another,
4
committed at least in part based on the gender of the victim, whether or not those acts
5
have resulted in criminal complaints, charges, prosecution, or conviction. (2) A physical
6
intrusion or physical invasion of a sexual nature under coercive conditions, whether or
7
not those acts have resulted in criminal charges, complaints, charges prosecution, or
8
Preview
1 EDUARDO M. MADRID, ESQ. (State Bar No. 82395) Ed@madridlawfirm.com 2 ERICA L. MADRID, ESQ. (State Bar No. 229327) Erica@madridlawfirm.com 3 MADRID LAW FIRM A PROFESSIONAL LAW CORPORATION 4 El Central Real Plaza 12612 Central Avenue 5 Chino, California 91710 6 Telephone: (909) 628-0068 Facsimile: (909) 628-0067 7 Attorney for Plaintiff, JOHN JB DOE, a Minor, By and Through His Guardian Ad Litem, 8 ZYNDA BURILLO 9 SUPEIUOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF RIVERSIDE 11 JOHN JB DOE, A Minor, By and Through his ) Case No.: Guardian Ad Litem, Zynda Burillo, ) 12 ) COMPLAINT FOR DAMAGES FOR: Plaintiff, ) 13 ) 1. INTERFERENCE WITH vs. ) EXERCISE OF CIVIL IUGHTS 14 ) (Cal. Civ. Colle Section 52.1); CORONA-NORCO UNIFIED SCHOOL ) 2. SEXUAL HARASSMENT 15 (Cal. Civ. Colle Section 51.9); DISTRICT, A Governmental Entity; )) ELEANOR ROOSEVELT HIGH SCHOOL, 3. SEXUAL BATTERY; 16 4. GENDER VIOLENCE A Public School within the Corona-Norco ) 17 Unified School District, AMANDA ~ 5. (Cal. Civ. Colle Section 52.4); ASSAULT; QUINONEZ, individually, and as a teacher for) 6, BATTERY; 18 Eleanor Roosevelt High School for the ) 7. INTENTIONAL INFLICTION OF Corona-Norco Unified School District, and ) EMOTIONAL DISTRESS; 19 DOES 1 to 100, INCLUSIVE. ) 8. NEGLIGENCE; ) 9. NEGLIGENT SUPERVISION; 20 ) 10. NEGLIGENT Defendants. ) HIRING/RETENTION. 21 ) ________________) DEMAND FOR JURY TRIAL 22 23 Comes now the Plaintiff, JOHN JB DOE, by and through his Guardian Ad Litem, Zynda 24 Burillo and alleges as follows: 25 -1- COMPLAINT FOR DAMAGES 1 1. At all times mentioned herein, Plaintiff John JB Doe, a minor, (hereinafter "Plaintiff'') 2 was a resident of the County of Riverside, State of California. The name used by JOHN 3 JB DOE in this Complaint is not the actual name of JOHN JB DOE, but is a fictitious 4 name utilized to protect the privacy of JOHN JB DOE, a minor and victim of childhood 5 sexual harassment and abuse. Plaintiff JOHN JB DOE, is a male, born on 05/01/2007, 6 and was a minor during the entire time of the sexual misconduct alleged herein. 7 2. At all times mentioned herein, Defendant, CORONA-NORCO UNIFIED SCHOOL 8 DISTRICT, was and is a governmental entity, operating a school district with its 9 principal place of business in the County of Riverside, State of California. Defendant 10 CORONA-NORCO UNIFIED SCHOOL DISTRICT purposely conducts substantial 11 educational business activities in the State of California, and is and was the primary 12 entity owning, operating, managing, supervising, and controlling, Defendant, ELEANOR 13 ROOSEVELT HIGH SCHOOL, who employed Defendant AMANDA QUINONEZ as a 14 high school teacher and was a language arts teacher of plaintiff herein. 15 3. At all times mentioned herein, Defendant ELEANOR ROOSEVELT HIGH SCHOOL, 16 was and is a public educational institution of the Defendant, CORONA-NORCO 17 UNIFIED SCHOOLD DISTRICT, operating as a high school for students approximately 18 13 years of age through approximately 18 years of age. 19 4. At all times mentioned herein, Defendant AMANDA QUINONEZ, was an adult female 20 individual, who plaintiff is informed and believes, and on that basis alleges, currently 21 resides in the County of Riverside, State of California. 22 5. During the period of time which the childhood sexual harassment and abuse of plaintiff 23 JOHN JB DOE, alleged herein, took place, Defendant AMANDA QUINONEZ, was a 24 teacher1 mentor, coach and advisor at ELEANOR ROOSEVELT HIGH SCHOOL; 25 -2- COMPLAINT FOR DAMAGES 1 employed by both the CORONA-NORCO UNIFIED SCHOOL DISTRICT and 2 ELEANOR ROOSEVELT HIGH SCHOOL. 3 6. At all times mentioned herein, Defendant AMANDA QUINONEZ, was hired as an 4 employee, agent and/or servant of the Defendant CORONA-NORCO UNIFIED 5 SCHOOL DISTIUCT and ELEANOR ROOSEVELT HIGH SCHOOL, and was under 6 their complete control and/or active supervision. 7 7. At all times mentioned herein, Defendant AMANDA QUINONEZ, was an adult teacher, 8 mentor, coach, advisor, and employee of both the CORONA-NORCO UNIFIED 9 SCHOOL DISTRICT and ELEANOR ROOSEVELT HIGH SCHOOL, acting as an 10 employee, agent, and/or servant of such and/or was under their complete control and/or 11 supervision. Defendant AMANDA QUINONEZ, was employed as a teacher and coach 12 by the CORONA UNFIED SCHOOL DISTRICT and ELEANOR ROOSEVELT HIGH 13 SCHOOL, to serve as a teacher, mentor, coach and advisor to minor high school students 14 of ELEANOR ROOSEVELT HIGH SCHOOL. In doing so, the CORONA-NORCO 15 UNIFIED SCHOOL DISTRICT and ELEANOR ROOSEVELT HIGH SCHOOL, held 16 out to the public, plaintiff, and plaintiffs family to be of high ethical and moral repute, 17 and to be in good standing with the CORONA-NORCO UNIFIED SCHOOL DISTRICT, 18 the State of California, and the public in general. In this capacity, Defendant AMANDA 19 QUINONEZ, taught, mentored and advised students regarding personal issues, language 20 arts, academics, sports, sport training, foture employment prospects, and general 21 emotional and psychological issues. Both the CORONA-NORCO UNIFIED SCHOOL 22 DISTRICT and ELEANOR ROOSEVELT HIGH SCHOOL, held out to the public, 23 plaintiff, plaintiffs parents to be highly qualified teacher, mentor, coach and advisor who 24 could and would assist plaintiff with working through personal and academic issues he 25 faced. Inherent in this representation was the understanding that Defendant AMANDA -3- COMPLAINT FOR DAMAGES 1 QUINONEZ, was a person of high ethical and moral standing, selected to provide 2 leadership, guidance, mentoring, coaching, and advising to students, including Plaintiff. 3 Plaintiff and his family reasonably assumed that Defendant AMANDA QUINONEZ was 4 a person worthy of their trust. 5 8. Defendants Does 1 to 100, inclusive, are sued herein under fictitious names. Their true 6 names and capacities are unknown to plaintiffs. When their true names and capacities are 7 asce1tained, plaintiffs will amend this complaint by inserting their true names and 8 capacities herein. Plaintiffs are informed and believe and thereon allege that each of the 9 fictitiously named Defendants is responsible in some manner for the occurrences herein 10 alleged, and that Plaintiffs' damages as herein alleged were proximately caused by those 11 Defendants. Each reference in this complaint to "Defendant", "Defendants", or a 12 specifically named Defendant refers also to all Defendants sued under fictitious names. 13 9. Plaintiff is informed and believes, and on that basis alleges, that at all times mentioned 14 herein, each Defendant was responsible in some manner or capacity for the occurrences 15 herein alleged, and that plaintiffs damages, as herein alleged, were proximately caused 16 by all said Defendants. Defendants the CORONA-NORCO UNIFIED SCHOOL 17 DISTRICT, ELEANOR ROOSEVELT HIGH SCHOOL, AMANDA QUINONEZ and 18 DOES I to 100, are sometimes collectively referred to herein as "Defendants" and/or as 19 All Defendants"; such collective reference refers to all specifically named Defendants. 20 I 0. Plaintiff is informed and believes, and on that basis alleges, that at all times mentioned 21 herein, Defendants and each of them, were the agents, representatives, and/or employees 22 of each and every other defendant. In doing the things alleged hereinafter, Defendants 23 and each of them, were acting within the course and scope of said alternative personality, 24 capacity, identity, agency, representation and/or employment and were within the scope 25 of their authority, whether actual or apparent. -4- COMPLAINT FOR DAMAGES 1 11. Plaintiff is informed and believes, and on that basis alleges, that at all times mentioned 2 herein, Defendants and each of them, were the trustees, partners, servants, joint venturers, 3 shareholders, contractors, and/or employees of each and every other Defendant, and the 4 acts and omissions herein alleged were done by them, acting individually, through such 5 capacity and within the scope of their authority, and with the permission and consent of 6 each and every other Defendant, and that said conduct was thereafter ratified by each and 7 every other Defendant, and that each of them is jointly and severally liable to plaintiff. 8 12. Notwithstanding that plaintiff is exempt from the government tort-claim filing 9 requirement pursuant to Government Code Section 905 (m) plaintiff timely filed a writte1 10 claim against the CORONA-NORCO UNIFIED SCHOOL DISTRICT on May 4, 2022 11 pursuant to Government Code Section 910. On or about May 16, 2022, the claim was 12 formally rejected and notice was served by U.S. mail. This complaint is being timely 13 filed. 14 JURISDICTION AND VENUE 15 13. At all times herein mentioned, all the defendants' acts or omissions allegedly occurred 16 within the County of Riverside, State of California. 17 FACTUAL ALLEGATIONS APPLICABLE TO ALL CAUSES OF ACTION 18 14. Plaintiff was 14 years old when the alleged abuse began, and all claims arising out of the 19 sexual abuse and harassment occurred after January of 2021. 20 15. Beginning on or around 11/2021 to 4/12/2022, while a student at ELEANOR 21 ROOSEVELT HIGH SCHOOL, plaintiff was sexually harassed and abused by his high 22 school teacher, Defendant AMANDA QUINONEZ, employee and agent of Defendant 23 CORONA-NORCO UNIFIED SCHOOL DISTRICT and ELEANOR ROOSEVELT 24 HIGH SCHOOL. 25 -5- COMPLAINT FOR DAMAGES 1 16. At all times mentioned herein, plaintiff was a student al Defendant ELEANOR 2 ROOSEVELT HIGH SCHOOL and the CORONA-UNIFIED SCHOOL DISTRICT, and 3 was under their complete control and supervision. 4 17. At all times mentioned herein, Defendants and each of them, starting from approximately 5 November of2021 through April 12, 2022, sexually harassed and abused plaintiff, who 6 was a minor at the time. Such conduct was done for Defendant AMANDA QUINONEZ' 7 sexual gratification and performed on plaintiff without his free consent, as plaintiff as a 8 minor and thus unable to give valid, legal consent to such sexual acts. These actions upon 9 plaintiff constituted conduct in violation of the California Penal Code for felony child 10 enticement, lewd and lascivious conduct, sexual battery and other potentially violations 11 of the California Penal Code. 12 18. As a student at Defendant ELEANOR ROOSEVELT HIGH SCHOOL and the 13 CORONA-NORCO UNIFIED SCHOOL DISTRICT, where Defendant AMANDA 14 QUINONEZ was employed and worked, plaintiff was under Defendant's AMANDA 15 QUINONEZ' direct supervision, care and control, thus creating a special relationship, 16 fiduciary relationship, and/or special care relationship with Defendants and each of them. 17 Additionally, as a minor child under the custody, care, and control of Defendants and 18 each of them, Defendants stood i11 loco parentis with respect to plaintiff while he was 19 attending school and school related functions at ELEANOR ROOSEVELT HIGH 20 SCHOOL and the CORONA-NORCO UNIFIED SCHOOL DISTRICT. As the 21 responsible parties and/or employers controlling Defendant AMANDA QUINONEZ, 22 Defendants were also in a special relationship with plaintiff and owed special duties to 23 plaintiff. 24 19. Plaintiff is informed and believes, and on that basis alleges, that Defendants, and each of 25 them, knew or had reason to know, that Defendant AMANDA QUINONEZ, had engaged -6- COMPLAINT FOR DAMAGES 1 in unlawful sexually-related conduct with minors in the past, and/01· was continuing to 2 engage in such conduct with plaintiff. Defendants and each of them, had a duty to 3 disclose these facts to plaintiff, his parents and others, but negligently and/or intentionall 4 suppressed, concealed and failed to disclose this information. The duty to disclose this 5 information arose by the special, trusting, confidential, fiduciary, and/or in loco parentis 6 relationship between Defendants and each of them, and plaintiff and plaintiffs parents. 7 20. Defendants, and each of them, failed to take reasonable steps and/or implement 8 reasonable safeguards to avoid acts of unlawful sexual conduct by Defendant AMANDA 9 QUINONEZ, including, but not limited to preventing abuse of children in an inherent 10 part of that function or environment. Plaintiff is informed and believes, on that basis 11 alleges, that Defendants and each of them, had actual and constructive notice of incidents 12 of inappropriate conduct by Defendant AMANDA QUINONEZ, including such facts as 13 those set forth in this complaint, 14 21. Plaintiff is informed and believes, on that basis alleges, that prior to and during the sexual 15 harassment and abuse of plaintiff, Defendants knew or should have known that 16 Defendant AMANDA QUINONEZ, had violated her role as a teacher, mentor, advisor, 17 coach and faculty member, and used her position of authority and trust acting on behalf 18 of Defendants and each of them, to gain access to children, including plaintiff, on and off 19 the school facilities and grounds, in which she engaged in sexual misconduct, harassment 20 and abuse, with such children including plaintiff. 21 22. With actual and constructive knowledge that Defendant AMANDA QUINONEZ had 22 previously engaged in dangerous and inappropriate conduct, including sexually harassing 23 other minors at ELEANOR ROOSEVELT HIGH SCHOOL. Defendants and each of 24 them, knowingly failed to take reasonable steps, and failed to implement safeguards to 25 avoid acts of unlawful sexual conduct in the future by Defendant AMANDA -7- COMPLAINT FOR DAMAGES 1 QUINONEZ, including but not limited to, preventing or avoiding placement of 2 AMANDA QUINONEZ in a function or environment in which contact with children was 3 an inherent aspect of that function or environment. 4 23. Defendants, and each of them have failed to uphold numerous mandatory duties imposed 5 upon them by state and federal law, and by written policies and procedures applicable to 6 Defendants, including but not limited to the following: 7 • Duty to use reasonable care to protect students from known or foreseeable 8 clangers (Government Code §§820, 815.2); 9 • Duty to refrain from taking official action that contradicts the provisions of 10 Article I, section 28(c) of the California Constitution; 11 • Duty to enact policies and procedures that are not in contravention of the Federal 12 Civil Rights Act, section 1983, and the 14th Amendment ofthe United States 13 Constitution; 14 • Duty to protect students and staff, and provide adequate supervision; 15 • Duty to ensure that any direction given to faculty and students is lawful, and that 16 adults act fairly, responsibly and respectfully towards faculty and students; 17 • Duty to properly train teachers, athletic directors, athletic coaches, youth 18 counselors, mentors, administrators, and staff so that they are aware of their 19 individual responsibility for creating and maintaining a safe environment; 20 • Duty to supervise faculty and students and enforce rules and regulations 21 prescribed for schools, exercise reasonable control over students as is reasonably 22 necessary to maintain order, protect properly, or protect the health and safety of 23 faculty and students or to maintain proper and appropriate conditions conducive 24 to learning. 25 • Duty to exercise careful supervision of the moral conditions in the school; -8- COMPLAINT FOR DAMAGES 1 • Duty to hold pupils to strict account for their conduct on the way to and from 2 school, on the playgrounds or during recess; 3 • Duty to properly monitor students, prevent or correct harmful situations or call for 4 help when a situation is beyond their control; 5 • Duty to ensure that personnel are actually on hand and supervising students; 6 • Duty to provide enough supervision to students; 7 • Duty to supervise diligently; 8 • Duty to act promptly and diligently and not ignore or minimize problems; 9 • Duty to refrain from violating Plaintiffs right to protection from bodily restraint 10 or harm, from personal insult, from defamation, and from injury to his personal 11 relations (Civil Code § 43); 12 • Duty to abstain from injuring the person or property of Plaintiff, or infringing 13 upon any of his rights (Civil Code§ 1708); 14 • Duty to report suspected incidents of child abuse and more specifically childhood 15 sexual abuse (Penal Code§§ 11166, 11167; and 16 • Duty to prevent discrimination or sexual harassment and abuse from occurring in 17 public educational facilities (Educational Code§ 200, et seq.). 18 24. Compulsory education laws create a special relationship between students and 19 Defendants, and students have a constitutional guarantee to a safe, secure and peaceful 20 school environment. Defendants and each of them failed to acknowledge unsafe 21 conditions, and therefore failed to guarantee safe surroundings in an environment in 22 which plaintiff was not free to leave, specifically including but not limited to allowing 23 AMANDA QUINONEZ to take children for purposes of sexual activity and allowing 24 AMANDA QUINONEZ to operate isolated environments, incapable of monitoring from 25 -9- COMPLAINT FOR DAMAGES 1 the outside, wherein AMANDA QUINONEZ sexually harassed and abused plaintiff and 2 others. 3 25. Defendants and each of them had and have a duty to protect students, including plaintiff. 4 Defendants were required, and failed, to provide adequate campus and off-site school 5 event supervision, and failed to be properly vigilant in seeing that supervision was 6 sufficient to ensure the safety of plaintiff and others. 7 26. Defendants and each of them lodged with AMANDA QUINONEZ the color of authority, 8 by which she was able to influence, direct, and abuse plaintiff and others, and to act 9 illegally, unreasonably and without respect for the person and safety of Plaintiff. 10 27. Defendants and each of them had a duty to and failed to adequately train and supervise all 11 advisors, teachers, mentors, and staff to create a positive, safe, spiritual and educational 12 environment, specifically including training to perceive, report and stop inappropriate 13 conduct by other members of the staff, specifically including AMANDA QUINONES, 14 with children. 15 28. Defendants and each of them had a duty to and failed to enact and enforce rules and 16 regulations prescribed for schools, and execute reasonable control over students 17 necessary to protect the health and safety of the student and maintain proper and 18 appropriate conditions conducive to learning. 19 29. Defendants and each of them were required to and failed to exercise careful supervision 20 of the moral conditions in their school, and provide supervision before and after school. 21 This duty extended beyond the classroom. 22 30. In subjecting plaintiff to the wrongful treatment herein described, AMANDA 23 QUINONEZ acted willfully and maliciously with the intent to harm plaintiff, and in 24 conscious disregard of plaintiffs rights, so as to constitute malice and/or oppression 25 under California Civil Code section 3294. Plaintiff is therefore entitled, to the recovery o COMPLAINT FOR DAMAGES 1 punitive damages, in an amount to be determined by the court, against AMANDA 2 QUINONEZ, in a sum to be shown according to proof. Further, in an action for damages 3 against this Defendant based upon the Defendant's commission of a felony offense for 4 which that Defendant shall be convicted, the court may upon motion, award reasonable 5 attorney's fees to the prevailing plaintiff against this defendant who has been convicted 6 of the felony. Code of Civil Procedure section 1021.4. Plaintiff reserves the right to 7 request attorney's fees from this Defendant pursuant to this code section, based upon 8 AMANDA QUINONEZ' felony convictions, for any felony criminal acts perpetrated 9 against plaintiff. 10 FIRST CAUSE OF ACTION [Interference with Exercise of Civil Rights: Violation of Cal. Civ. Code Section 52.1 - 11 Against ALL DEFENDANTS] 12 31. Plaintiff repeats and repleads and incorporates herein by reference paragraphs 1 through 13 30 as though duly set forth herein. 14 32. Cal. Civ. Code Section 52.1, the Bane Act, provides that it is unlawful to interfere with 15 the exercise and enjoyment of any rights under the Constitution and laws of this state and 16 the United States by use of threats, intimidation or coercion. 17 33. Cal. Civ. Code Sections 51.7 and 52.4 guarantee the rights to persons in California to be 18 19 free from assault, battery and/or violence or threats of violence based on his or her sex. 20 34. Cal. Civ. Code Section 43 guarantees the right of every person the right of protection 21 from bodily restraint or harm and personal insult. 22 35. At all times mentioned herein, defendants and each of them, intentionally interfered with 23 or attempted to interfere with plaintiffs clearly established rights guaranteed under the 24 United States and Califomia laws, including, but not limited to plaintiffs right of 25 protection from battery, assault, intimidation, and other civil rights. -11- COMPLAINT FOR DAMAGES 1 36. At all times mentioned herein, Defendants and each of them, committed acts of civil 2 sexual battery in violation of Cal. Civ. Code Section 1708.5, when Defendant, AMANDA 3 QUINONEZ, will folly, maliciously, intentionally, and without the consent of plaintiff 4 who was incapable of consenting due to his minor age, kissed, inappropriately, forcefully, 5 harmfully and offensively touched and groped, and inappropriately, intimately, forcefully 6 and offensively touched the plaintiff in a lewd and lascivious manner. 7 37. As a direct and proximate cause of this harmful and offensive touching, plaintiff suffered 8 severe emotional distress, humiliation, embarrassment, mental and emotional distress and 9 10 anxiety, and other consequential damages, in amount to be proven at the time of trial. 11 38. The aforesaid acts directed towards the Plaintiff were carried out with a conscious 12 disregard of Plaintiffs rights to be free from such tortious behavior, such as to constitute 13 oppression, fraud or malice pursuant to Cal. Civ. Code section 3294, entitling Plaintiff to 14 punitive damages against Defendant AMANDA QUINONEZ in an amount according to 15 proof. 16 39. In addition to and/or in lieu of plaintiffs election, plaintiff is entitled lo receive and 17 hereby seeks statutory damages pursuant to Cal. Civ. Code Section 52 (b ), including 18 actual and exemplary damages. 19 40. Pursuant to Cal. Civ. Code Section 52 (b) (3), plaintiff has incurred, and will continue to 20 incur attorneys' fees in the prosecution of this action and therefore demands such 21 reasonable attorneys' fees and costs as set by the Court. 22 23 SECOND CAUSE OF ACTION [Sexual Harassment: Cal. Civ. Cocle § 51.9 -Against ALL DEFENDANTS] 24 41. Plaintiff hereby repeats and repleads and incorporates herein by reference paragraphs 1 25 through 40 above as though fully set forth herein. -12- COMPLAINT FOR DAMAGES 1 42. Education Code section 220 states, "No person shall be subjected to discrimination on the 2 basis of disability, gender, gender identity, gender expression, nationality, race or 3 ethnicity, religion, sexual orientation, or any other characteristic that is contained in the 4 definition of hate crimes set fotth in Section 422.55 of the Penal Code in any program or 5 activity conducted by an educational institute that received, or benefits from, state 6 financial assistance or enrolls pupils who receive state student financial aid." 7 43. Education Code section 201 states. "All pupils have the right to participate fully in the 8 educational process, free from discrimination and harassment[ ... ] California's public 9 schools have an affirmative obligation to combat racism, sexism, an other forms of bias, 10 and a responsibility to provide equal education opportunity[ ... ] Harassment on school 11 grounds directed at an individual on the basis of personal characteristics or status creates 12 a hostile environment and jeopardized equal educational opportunity as guaranteed by the 13 California Constitution and the United States Constitution[... ] There is an urgent need to 14 prevent and respond to acts of hate violence and bias-related incidents that are occurring 15 at an increasing rate in California's public schools[ ... ] It is the intent of the Legislature 16 that this chapter shall be interpreted as consistent with[ ... ] Title IX of the Education 17 Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.) [... ] the Unruh Civil Rights Act 18 (Secs. 51 to 53, incl., Civ. C.), and the Fair Employment and Housing Act (Pt 2.8 19 (commencing with Sc. 12900), Div. 3, Gov. C.), except where this chapter may grant 20 more protections or impose additional obligations, and that the remedies provided herein 21 shall not be the exclusive remedies, but may be combined with remedies that may be 22 provided by the above statutes." 23 44. The California Supreme Coutt has determined: "Responsibility for the safety of public 24 school students is not borne solely by instructional personnel. School principals and 25 other supervisory employees, to the extent their duties include overseeing the educational -13- COMPLAINT FOR DAMAGES 1 environment and performance of teachers and counselors, also have the responsibility of 2 taking reasonably measures to guard pupils against harassment. .. "C.A. v. Williams S. 3 Hart Union High School Dist., et al., (2012) 53 Cal. 4th 861,871. 4 45. "A Principal is liable when it ratifies an originally authorized tort. The failure to 5 discharge an agent or employee may be evidence of ratification ... If the employer, after 6 knowledge or opportunity to learn of the agent's misconduct, continues the wrongdoer in 7 service, the employer may become an abettor and may make himself liable in punitive 8 damages." Murillo v. Rite Stuff Foods Ihc., (1998) 65 Cal.App. 4 th 833, 852 (internal 9 citations omitted). 10 46. During Plaintiffs time as a student at ELEANOR ROOSEVELT HIGH SCHOOL, 11 Defendant AMANDA QUINONEZ intentionally, recklessly and wantonly made sexual 12 advances, solicitations, requests, demand for sexual compliance of a hostile nature based 13 on Plaintiffs gender that were unwelcome, pervasive and severe, including but not 14 limited to Defendant AMANDA QUINONEZ: sending sexually explicit and harassing 15 messages, inappropriate lewd and lascivious photographs and videos of herself, and 16 kissing, touching and groping the plaintiff inappropriately, all while AMANDA 17 QUINONEZ was acting in the course and scope of her agency/employment with 18 Defendants, and each of them. 19 47. The incidents of abuse outlined herein above took place while Plaintiff was under the 20 control of AMANDA QUINONEZ, in her capacity and position as a teacher, advisor and 21 mentor and while acting specifically on behalf of Defendants. 22 48. During Plaintiffs time as a student at ELEANOR ROOSEVELT HIGH SCHOOL, 23 Defendant AMANDA QUINONEZ, intentionally recklessly and wantonly did acts which 24 resulted in psychological harm to the Plaintiff, including but not limited to, using her 25 -14- COMPLAINT FOR DAMAGES 1 position as a teacher, coach, advisor, and mentor to sexually harass and abuse the 2 Plaintiff, and to use her authority and position of trust to exploit the Plaintiff emotionally. 3 49. Because of Plaintiffs relationship with AMANDA QUINONEZ as a student at 4 ELEANOR ROOSEVELT HIGH SCHOOL and THE CORONA-NORCO UNIFIED 5 SCHOOL DISTRICT, and Plaintiffs young age as a minor student, Plaintiff was unable 6 to easily terminate the student-teacher, student-advisor, and student-mentor relationships 7 she had with the Defendant AMANDA QUINONEZ. 8 50. Because of AMANDA QUINONEZ's position of authority over Plaintiff, and Plaintiffs 9 mental and emotional state, and Plaintiffs young age under the age of consent, Plaintiff 10 was able to, and did not give meaningful consent to such acts. 11 51. Even though the Defendants knew or should have known of these activities by Defendant 12 AMANDA QUINONEZ, Defendants did nothing to investigate, supervise or monitor 13 Defendant AMANDA QUINONEZ to ensure the safety of the minor students, but instead 14 ratified such conduct by retaining AMANDA QUINONEZ in employment and retaining 15 the benefits of her employment. 16 52. Defendants' conduct was a breach of their duties to Plaintiff. Defendant CORONA- 17 NORCO UNIFIED SCHOOL DISTRICT and ELEANOR ROOSEVELT HIGH 18 SCHOOL ratified AMANDA QUINONEZ's illicit sexual harassment of Plaintiff by 19 retaining her, in employment despite having knowledge that the sexual harassment was 20 occurring. 21 53. As a result of the above-described conduct, Plaintiff has suffered and continues to suffer 22 great pain of mind and body, shock, emotional distress, physical manifestations of 23 emotional distress, embarrassment, loss of self-esteem, disgrace, humiliations, and loss o 24 enjoyment of life; has suffered and continues to suffer and was prevented and will 25 continue to be prevented from performing daily activities and obtaining the full -15- COMPLAINT FOR DAMAGES 1 enjoyment of life; will sustain loss of earnings and earning capacity, and/or has incurred 2 and will continue to incur expenses for medical and psychological treatment, therapy, and 3 counseling. 4 54. The aforesaid acts directed towards the Plaintiff were carried out with a conscious 5 disregard of Plaintiffs rights to be free from such tortious behavior, such as to constitute 6 oppression, fraud or malice pursuant to Cal. Civil Code section 3294, entitling Plaintiff to 7 punitive damages against Defendant AMANDA QUINONEZ in an amount appropriate t 8 punish and set an example of her, and also pursuant to Cal. Civil Code section 52. 9 Plaintiff is also entitled to attorney's fees and costs from Defendants AMANDA 10 QUINONEZ and CORONA-NORCO UNIFIED SCHOOL DISTRICT pursuant to Cal. 11 Civil Code section 52, especially given CORONA-NORCO UNIFIED SCHOOL 12 DISTRICT's authorization or ratification of such acts by its managing agents, officers 13 and directors. 14 THIRD CAUSE OF ACTION [Sexual Battery: Cal. Civ. Cocle Section 1708.5 - Against ALL DEFENDANTS] 15 55. Plaintiff hereby repeats and repleads and incorporates herein by reference paragraphs 1 16 17 through 54 above as though fully set forth herein. 18 56. Cal. Civ. Code Section 1708.5(a) provides: A person commits a sexual battery who does 19 any of the following: (1) acts with the intent to cause a harmful or offensive contact with 20 an intimate part of another, and a sexually offensive contact with that person directly or 21 indirectly results. (2) Acts with the intent to cause a harmful or offensive contact with 22 another use of his or her intimate part, and a sexually offensive contact with that person 23 directly or indirectly results. (3) Acts to cause an imminent apprehension of the conduct 24 described in paragraph (1) or (2), and sexually offensive conduct with that person directly 25 or indirectly results. -16- COMPLAINT FOR DAMAGES 1 57. Cal. Civ. Code Section 1708.S(d) defines "intimate part" as the sexual organ, anus, groin, 2 or buttocks of any person or the breast of a female. 3 58. Cal. Civ. Code Section 1708.5(1) defines "offensive contact" to mean contact that offends 4 a reasonable sense of personal dignity. 5 59. At all times mentioned herein, Defendants and each of them, committed acts of civil 6 sexual battery in violation of Cal. Civ. Code Section 1708.5, when Defendant, 7 AMANDA QUINONEZ, willfully, maliciously, intentionally, and without the consent of 8 plaintiff who was incapable of consenting due to his minor age, kissed, inappropriately, 9 forcefully and offensively touched and groped, and inappropriately, intimately, forcefully 10 11 and offensively touched the plaintiff in a lewd and lascivious manner. 12 60. As a direct and/or proximate result of Defendants, and each of them, unlawful conduct as 13 alleged hereinabove, plaintiff has suffered severe emotional distress, humiliation, 14 embarrassment, mental and emotional distress, and anxiety, and all in an amount 15 according to proof. 16 61. The aforesaid acts directed towards the Plaintiff were carried out with a conscious 17 disregard of Plaintiffs rights to be free from such tortious behavior, such as to constitute 18 oppression, fraud or malice pursuant to Cal. Civ. Code section 3294, entitling Plaintiff to 19 punitive damages against Defendant AMANDA QUINONEZ in an amount according to 20 proof. 21 FOURTH CAUSE OF ACTION 22 [Gender Violence: Cal. Civ. Code Section 52.4 - Against ALL DEFENDANTS] 23 62. Plaintiff repeats and repleads and incorporates herein by reference paragraphs I through 24 61 as though duly set forth herein. 25 -17- COMPLAINT FOR DAMAGES 1 63. Cal. Civ. Code Section 52.4 (c) defines "gender violence" as: (1) one or more acts that 2 would constitute a criminal offense under state law that has an element the use, attempted 3 use or threatened use of physical force against the person or property of another, 4 committed at least in part based on the gender of the victim, whether or not those acts 5 have resulted in criminal complaints, charges, prosecution, or conviction. (2) A physical 6 intrusion or physical invasion of a sexual nature under coercive conditions, whether or 7 not those acts have resulted in criminal charges, complaints, charges prosecution, or 8