On November 30, 2022 a
Motion-Secondary
was filed
involving a dispute between
Chaffey Joint Union High School District,
Gonzalez, Anthony,
and
Brown, Ashley,
Chaffey Joint Union High School District,
City Of Rancho Cucamonga,
County Of San Bernardino,
Does 1 Through 50, Inclusive,
Dorrego, Ashley,
Yrigollen, Samantha,
for Other PI/PD/WD Unlimited
in the District Court of San Bernardino County.
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John C. Carpenter, Esq. (SBN 155610) ELECTRONICALLY FILED (Auto)
carpen ter@cz. law SUPERIOR COURT OF CALIFOR \IIA
Asa O. Eaton, Esq. (SBN 316888) COUNTY OF SAN BERNARDINO
12/20/2023 5:09 PM
eaton @cz. law
Carlos A. Hernandez, Esq. (SBN 316905)
chernandez@cz. law
CARPENTER & ZUCKERMAN
8827 West Olympic Boulevard
Beverly Hills, California 90211
Telephone: 3 1 0-507-7924
Attorneys for Plaintiff
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO — UNLIMITED JURISDICTION
10
11
ANTHONY GONZALEZ, an individual; Case No.2 CIVSB2226343
12 Plaintiff, Judge: Hon. Michael A. Sachs
VS. Dept: 328
13
CHAFFEY JOINT UNION HIGH SCHOOL PLAINTIFF’S OPPOSITION TO
14
DISTRICT, a public entity; COUNTY OF SAN DEFENDANT CHAFFEY JOINT UNION
15
BERNARDINO, a government entity; CITY OF HIGH SCHOOL DISTRICT’S
RANCHO CUCAMONGA, an incorporated DEMURRER
16 municipal government entity; ASHLEY
DORREGO, an individual; SAMANTHA Complaint Filed: November 30, 2023
17 YRIGOLLEN, an individual; and DOES 1-50, Trial Date: None Set.
inclusive,
18
Hearing Date: January 3, 2024
Defendants. Time: 8:30 am.
19
Location: S-28
20
21 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
22 Plaintiff ANTHONY GONZALEZ (“‘Plaintiff’) submits the following Opposition t0
23 Defendant CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT (“District”) Demurrer to
24 Plaintiff” s Complaint (“Comp”). (Eaton Decl. 1] 2, EX. A.)
25 Defendant demurrers t0 Plaintiffs First cause 0f action for Negligence, Plaintiff’s Second
26 Cause 0f Action for Negligent hiring, supervision, and training, Plaintiff” s Seventh Cause 0f Action
27 for Intentional Infliction of Emotional Distress, Eighth Cause of Action for Sexual Harassment and
28 Plaintiff s Tenth Cause 0f action pursuant to Education Code section 220.
1
PLAINTIFF’S OPPOSITION TO DEFENDANT CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT’S DEMURRER
Plaintiffhas sufficiently plead its First, Second, Seventh and Eighth Cause ofAction. Plaintiff
has alleged that Defendant district is liable for Negligence based 0n the special relationship between
the district and the students they instruct t0 affirmatively protect students from foreseeable harm.
Defendant through the principal at Etiwanda High School became aware that the Defendant Coaches
were hosting inappropriate “afterhours trainings” at Etiwanda High School with a small group of
male students and also received a report from a concerned parent that one 0f the Defendant Coaches
was dating an underage Etiwanda High School student. Despite these reports Defendant failed to
remove, discipline, or fire the coaches and they continued t0 molest and sexually harass Plaintiff and
other students 0n the water p010 and swim team. Based 0n this knowledge and pattern of inappropriate
10 behavior Defendant, Who is a mandated reporter, was required t0 report the suspected child abuse
11 pursuant to California Penal Code section 11166.
12 Defendants failed to report, investigate 0r stop the inappropriate behavior of the Defendant
13 Coaches with a reckless disregard 0f the probability 0f causing harm to Plaintiff and other students
14 0n the boys’ water p010 and swim teams. Despite the actual knowledge 0f the coaches harassing
15 behavior, Defendants acted With deliberate indifference and the Defendant Coaches were permitted
16 t0 remain coaches 0fthe boys’ water p010 and swim team. Even after the Defendant Coaches resigned
17 0r were removed as coaches Defendant permitted them t0 return to the school campus during school
18 events and continue to interact With Plaintiff and other students.
19 Defendants Demurrer should be overruled.
20 MEMORANDUM OF POINTS & AUTHORITIES
21 I. RELEVENT FACTUAL ALLEGATIONS
22 1. On 0r around 2016 to 2017 Plaintiff was a student at Etiwanda High School and a
23 member 0f the boys’ water p010 and boys swim teams. (Comp. 1] 14, 19.) Plaintiff was a minor at all
24 times With a birthdate of August 23, 1999. (Comp. 11 14.) During the 2016 t0 2017 school years,
25 Plaintiff who was a minor at the time, was subj ected t0 repeated, unlawful sexual grooming,
26 harassment, and abuse by Defendants Ashley Dorregeo and Samantha Yrigollen (“Defendant
27 Coaches”) at Etiwanda High School. (Comp. fl 20-24.) The Defendant Coaches were the coaches 0f
28 the boys’ water polo team and the boys swim teams at Etiwanda High School. (Comp. 1] 19.) The
2
PLAINTIFF’S OPPOSITION TO DEFENDANT CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT’S DEMURRER
Document Filed Date
December 20, 2023
Case Filing Date
November 30, 2022
Category
Other PI/PD/WD Unlimited
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John C. Carpenter, Esq. (SBN 155610) ELECTRONICALLY FILED (Auto) carpen ter@cz. law SUPERIOR COURT OF CALIFOR \IIA Asa O. Eaton, Esq. (SBN 316888) COUNTY OF SAN BERNARDINO 12/20/2023 5:09 PM eaton @cz. law Carlos A. Hernandez, Esq. (SBN 316905) chernandez@cz. law CARPENTER & ZUCKERMAN 8827 West Olympic Boulevard Beverly Hills, California 90211 Telephone: 3 1 0-507-7924 Attorneys for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO — UNLIMITED JURISDICTION 10 11 ANTHONY GONZALEZ, an individual; Case No.2 CIVSB2226343 12 Plaintiff, Judge: Hon. Michael A. Sachs VS. Dept: 328 13 CHAFFEY JOINT UNION HIGH SCHOOL PLAINTIFF’S OPPOSITION TO 14 DISTRICT, a public entity; COUNTY OF SAN DEFENDANT CHAFFEY JOINT UNION 15 BERNARDINO, a government entity; CITY OF HIGH SCHOOL DISTRICT’S RANCHO CUCAMONGA, an incorporated DEMURRER 16 municipal government entity; ASHLEY DORREGO, an individual; SAMANTHA Complaint Filed: November 30, 2023 17 YRIGOLLEN, an individual; and DOES 1-50, Trial Date: None Set. inclusive, 18 Hearing Date: January 3, 2024 Defendants. Time: 8:30 am. 19 Location: S-28 20 21 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: 22 Plaintiff ANTHONY GONZALEZ (“‘Plaintiff’) submits the following Opposition t0 23 Defendant CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT (“District”) Demurrer to 24 Plaintiff” s Complaint (“Comp”). (Eaton Decl. 1] 2, EX. A.) 25 Defendant demurrers t0 Plaintiffs First cause 0f action for Negligence, Plaintiff’s Second 26 Cause 0f Action for Negligent hiring, supervision, and training, Plaintiff” s Seventh Cause 0f Action 27 for Intentional Infliction of Emotional Distress, Eighth Cause of Action for Sexual Harassment and 28 Plaintiff s Tenth Cause 0f action pursuant to Education Code section 220. 1 PLAINTIFF’S OPPOSITION TO DEFENDANT CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT’S DEMURRER Plaintiffhas sufficiently plead its First, Second, Seventh and Eighth Cause ofAction. Plaintiff has alleged that Defendant district is liable for Negligence based 0n the special relationship between the district and the students they instruct t0 affirmatively protect students from foreseeable harm. Defendant through the principal at Etiwanda High School became aware that the Defendant Coaches were hosting inappropriate “afterhours trainings” at Etiwanda High School with a small group of male students and also received a report from a concerned parent that one 0f the Defendant Coaches was dating an underage Etiwanda High School student. Despite these reports Defendant failed to remove, discipline, or fire the coaches and they continued t0 molest and sexually harass Plaintiff and other students 0n the water p010 and swim team. Based 0n this knowledge and pattern of inappropriate 10 behavior Defendant, Who is a mandated reporter, was required t0 report the suspected child abuse 11 pursuant to California Penal Code section 11166. 12 Defendants failed to report, investigate 0r stop the inappropriate behavior of the Defendant 13 Coaches with a reckless disregard 0f the probability 0f causing harm to Plaintiff and other students 14 0n the boys’ water p010 and swim teams. Despite the actual knowledge 0f the coaches harassing 15 behavior, Defendants acted With deliberate indifference and the Defendant Coaches were permitted 16 t0 remain coaches 0fthe boys’ water p010 and swim team. Even after the Defendant Coaches resigned 17 0r were removed as coaches Defendant permitted them t0 return to the school campus during school 18 events and continue to interact With Plaintiff and other students. 19 Defendants Demurrer should be overruled. 20 MEMORANDUM OF POINTS & AUTHORITIES 21 I. RELEVENT FACTUAL ALLEGATIONS 22 1. On 0r around 2016 to 2017 Plaintiff was a student at Etiwanda High School and a 23 member 0f the boys’ water p010 and boys swim teams. (Comp. 1] 14, 19.) Plaintiff was a minor at all 24 times With a birthdate of August 23, 1999. (Comp. 11 14.) During the 2016 t0 2017 school years, 25 Plaintiff who was a minor at the time, was subj ected t0 repeated, unlawful sexual grooming, 26 harassment, and abuse by Defendants Ashley Dorregeo and Samantha Yrigollen (“Defendant 27 Coaches”) at Etiwanda High School. (Comp. fl 20-24.) The Defendant Coaches were the coaches 0f 28 the boys’ water polo team and the boys swim teams at Etiwanda High School. (Comp. 1] 19.) The 2 PLAINTIFF’S OPPOSITION TO DEFENDANT CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT’S DEMURRER