On November 03, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Doe, John Vnr,
and
Brown, Eric Lynn,
Does 1-100,
Victor Valley Union High School District,
for Other PI/PD/WD Unlimited
in the District Court of San Bernardino County.
Preview
SAN BERNARDINO SUPERIOR COURT
COUNTY 0F SAN BERNARDINO F m w
247 West Third Street
I L C L3
92415-0210 bLéPOEURB'fT)?
San Bernardino. California 892$; gggékflfgfigm '
SAN BFRf‘JAFZg‘Jt-‘JQ‘mgTémy
W
{AAY’ ‘2
:3 2022
mVODU'l-kooN-A
By déw’wx.
Deput
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
11 JOHN VBK DOE, CASE No. Clvsszzoo478
P'ainfifi’
12 RULING 0N DEMURRER
VS'
13 pate: May 24 2022
VICTOR VALLEY UNION HIGH E'gginfiggtfishgé
14
SCHOOL DISTRICT, et aL,
15
Defendants.
16
17
18 After full consideration of the written and oral submissions by the parties,
19 the Court rules as follows:
20 Background
21 This case arises from the actions Defendant Eric Lynn Brown (“Brown”),
22 an employee and counselor at Defendant Victor Valley Union High School Victor
23 Valley (“Victor Valley”), who is alleged to have abused more than eleven minor
24 boys and girls during his tenure as a counselor, coach and employee of several
25 institutions, including a junior high school in Victor Valley. Plaintiff alleges he
26 was abused by Brown at Victor Valley Junior High beginning in the eighth grade,
27 from 1998 to 2000. (Complaint, 11 7.) Brown was subsequently sentenced to
28 102 years in prison. (Id. at 1] 16.) The Complaint provides extensive allegations
Page1 of 15
pertaining to Victor Valley’s culpability for the actions of Brown, through
knowledge, inaction and negligence.
On January 7, 2022, Plaintiff filed his Complaint alleging the following twelve
causes of action against defendants, Victor Valley and Brown:
(1) Negligence (Against All Defendants);
(2) Negligent Supervision (Against Victor Valley Only);
(3) Negligent Hiring and/or Retention (Against Victor Valley Only);
(4) Negligent Failure to Warn, Train or Educate (Against Victor Valley Only);
(5) Intentional Infliction of Emotional Distress (IIED) (Against AII Defendants);
(6) Sexual Harassment (Civil Code, section 51.9) (Against All Defendants);
(7) Sexual Abuse and Harassment in the Educational Environment
(Education Code, section 220) (Against All Defendants);
(8) Breach of Fiduciary Duty (Against All Defendants);
(9) Constructive Fraud (Civil Code, section 1573) (Against All Defendants).
(10) Assault (Against Brown Only);
(11) Sexual Battery (Civil Code, section 1708.5) (Against Brown Only); and,
(12) Gender Violence (Civil Code, section 52.4) (Against Brown Only).
In response to Plaintiff’s Complaint, on February 28, 2022, Victor Valley
filed the subject Demurrer to Plaintiff’s Complaint. An Opposition and Reply
have been filed.
The _Demurrer-Res Judicata
Victor Valley first demurrers is to the entire Complaint on the basis of res
judicata. The argument arises from specific language in the revised Code of
Civil Procedure, section 340.1, subdivision (q), effective January 1, 2020.
The 2020 amendment to Code of Civil Procedure, section 340.11,
subdivision (a) sets the statute of limitations for three categories of cases related
to "childhood sexual assault."
1
All further statutory references are to the Code of Civil Procedure unless otherwise noted.
Page 2 of 15
Document Filed Date
May 25, 2022
Case Filing Date
November 03, 2021
Category
Other PI/PD/WD Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
SAN BERNARDINO SUPERIOR COURT COUNTY 0F SAN BERNARDINO F m w 247 West Third Street I L C L3 92415-0210 bLéPOEURB'fT)? San Bernardino. California 892$; gggékflfgfigm ' SAN BFRf‘JAFZg‘Jt-‘JQ‘mgTémy W {AAY’ ‘2 :3 2022 mVODU'l-kooN-A By déw’wx. Deput SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 11 JOHN VBK DOE, CASE No. Clvsszzoo478 P'ainfifi’ 12 RULING 0N DEMURRER VS' 13 pate: May 24 2022 VICTOR VALLEY UNION HIGH E'gginfiggtfishgé 14 SCHOOL DISTRICT, et aL, 15 Defendants. 16 17 18 After full consideration of the written and oral submissions by the parties, 19 the Court rules as follows: 20 Background 21 This case arises from the actions Defendant Eric Lynn Brown (“Brown”), 22 an employee and counselor at Defendant Victor Valley Union High School Victor 23 Valley (“Victor Valley”), who is alleged to have abused more than eleven minor 24 boys and girls during his tenure as a counselor, coach and employee of several 25 institutions, including a junior high school in Victor Valley. Plaintiff alleges he 26 was abused by Brown at Victor Valley Junior High beginning in the eighth grade, 27 from 1998 to 2000. (Complaint, 11 7.) Brown was subsequently sentenced to 28 102 years in prison. (Id. at 1] 16.) The Complaint provides extensive allegations Page1 of 15 pertaining to Victor Valley’s culpability for the actions of Brown, through knowledge, inaction and negligence. On January 7, 2022, Plaintiff filed his Complaint alleging the following twelve causes of action against defendants, Victor Valley and Brown: (1) Negligence (Against All Defendants); (2) Negligent Supervision (Against Victor Valley Only); (3) Negligent Hiring and/or Retention (Against Victor Valley Only); (4) Negligent Failure to Warn, Train or Educate (Against Victor Valley Only); (5) Intentional Infliction of Emotional Distress (IIED) (Against AII Defendants); (6) Sexual Harassment (Civil Code, section 51.9) (Against All Defendants); (7) Sexual Abuse and Harassment in the Educational Environment (Education Code, section 220) (Against All Defendants); (8) Breach of Fiduciary Duty (Against All Defendants); (9) Constructive Fraud (Civil Code, section 1573) (Against All Defendants). (10) Assault (Against Brown Only); (11) Sexual Battery (Civil Code, section 1708.5) (Against Brown Only); and, (12) Gender Violence (Civil Code, section 52.4) (Against Brown Only). In response to Plaintiff’s Complaint, on February 28, 2022, Victor Valley filed the subject Demurrer to Plaintiff’s Complaint. An Opposition and Reply have been filed. The _Demurrer-Res Judicata Victor Valley first demurrers is to the entire Complaint on the basis of res judicata. The argument arises from specific language in the revised Code of Civil Procedure, section 340.1, subdivision (q), effective January 1, 2020. The 2020 amendment to Code of Civil Procedure, section 340.11, subdivision (a) sets the statute of limitations for three categories of cases related to "childhood sexual assault." 1 All further statutory references are to the Code of Civil Procedure unless otherwise noted. Page 2 of 15