Document for J.O. DOE, ET AL VS ANTELOPE VALLEY UNION HIGH SCHOOL DISTRIC

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                                FILED  CALIFORNIA
                                                                                SUPERIOR counr OFANGELES
                                                                                      COUNTY OF LOS

                                                                                                7 019
                      SUPERIOR COURT OF THE STATE OF CALIFORNIA                1 , 2                  K
                       COUNTY OF LOS ANGELES — NORTH DISTRICT   sHERRlR.CART'TlVFF|[(§EERF/,3-1l_3‘l:
              .     . .                                                          BY      JOHN DAVIS     '
J .O. DOE, an individual, by and through    )       Case Number MC028051
Guardian ad litem, N.B. DOE                 )
                                            )       STATEMENT OF DECISION
       Plaintiff,                           )
                                            )       Date of Hearing:                            ~
V.                                          )       June 13, 2019
                                            )       Dept. A-15
ANTELOPE VALLEY UNION HIGH                  )       Judge Randolph A. Rogers
SCHOOL DISTRICT, a California public        )
entity; and DOES 1 through 100, inclusive   )
                                            )
       Defendants.                          )
                          )
       The Court bases the Order After Hearing on this date upon the following Statement of
Decision:

1.     The present case arises out of an alleged abusive sexual act committed against Plaintiff
       J.O. Doe (“Plaintiff"), a minor and special needs student at Pete Knight High School of the
       Defendant Antelope Valley Union High School District (“AVUHSD”), by another special
       needs student while on a bus operated by the AVUHSD.

2.     On March 28, 2018 Plaintiff filed a Government Claim (“2018 Claim”) with AVUHSD
       Board of Trustees pursuant to Government Code (“Gov. Code”) section (“§”) 900 for the
       alleged sexual abuse. The Claim was rejected on May 02, 2018.

3.     On June 06, 2018, Plaintiff led his Complaint, alleging (1) Negligence, Negligent
       Supervision; Negligent Hiring/Retention; Negligent Failure to Train or Educate (Gov.
       Code §§ 815. 815.2 and 820); and (2) Sexual Harassment and Retaliation (Education Code
       (“Ed. Code”) § 220 et seq.) AVUHSD filed its Answer on December 18, 2018.

4.     On May 08, 2019, AVUHSD brought the instant motion for judgment on the pleadings as
       to Plaintiffs Second Cause of Action for Sexual Harassment and Retaliation (Edu. Code §
       220 el .s'eq.). AVUHSD argues that Plaintiff may not recover on this cause of action since
       he failed to comply with claim presentation requirements pursuant to Gov. Code        900,
       901, 910, 911.2, 911.4, 945.4, and 945.6.

5.     Plaintiffled opposition on May 31, 2019. AVUHSD replied on June 06, 2019.

6.     Stamlardfor ruling on motions for judgment on the pleadings — “Since 1994, motions
       for judgment on the pleadings have been authorized by statute. [Citations.] Previously,
       they were allowed by common law. [Citations.] Generally, as such motions were, so they
       remain.” Gerawan Farming, Inc. v. Lyons (2000) 24 Cal.4th 468, 482, fn. 2. Code Civ.