Preview
1 MORGAN A. STEWART (State Bar No. 209852)
mstewart@manlystewart.com
2 CRISTINA J. NOLAN (State Bar No. 318495)
cnolan@manlystewart.com
3 SAUL E. WOLF (State Bar No. 244833)
swolf@manlystewart.com
4 MANLY STEWART FINALDI
19100 Von Karman Avenue, Suite 800
5 Irvine, California 92612
Telephone: (949) 252-9990
6 Facsimile: (949) 252-9991
7 Attorneys for JANE CVE, an Individual
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF LOS ANGELES
10 JANE CVE DOE, an individual, Case No.:
Judge:
11 Plaintiff, Dept.:
MANLY STEWART FINALDI
12 v. COMPLAINT FOR DAMAGES FOR:
19100 Von Karman Avenue, Suite 800
13 COVINA-VALLEY UNIFIED SCHOOL 1. NEGLIGENCE
Telephone (949) 252-9990
Irvine, California 92612
DISTRICT, a business entity of form 2. NEGLIGENT SUPERVISION;
14 unknown; ANDREW JOSEPH BARNES, an 3. NEGLIGENT HIRING/RETENTION;
individual; and Does 1 through 100 4. NEGLIGENT FAILURE TO WARN,
15 TRAIN OR EDUCATE;
Defendant. 5. INTENTIONAL INFLICTION OF
16 EMOTIONAL DISTRESS
6. ASSAULT;
17 7. SEXUAL BATTERY (C.C. § 1708.5);
8. SEXUAL HARASSMENT (C.C. § 51.9);
18 9. GENDER VIOLENCE (C.C. § 52.4);
19
[DEMAND FOR JURY TRIAL]
20 [Filed pursuant to AB 218[C.C.P. §340.1]]
21
COMES NOW, Plaintiff JANE CVE DOE, an individual; who for her Complaint,
22
complains and alleges as follows:
23
GENERAL ALLEGATIONS AS TO THE PARTIES
24
1. Plaintiff JANE CVE DOE, an individual (hereinafter “JANE CVE DOE” and/or
25
“Plaintiff”) is a resident of the County of Los Angeles, State of California and was so at the time
26
of the abuse alleged herein. The name used by JANE CVE DOE in this Complaint is not the actual
27
name of JANE CVE DOE, but is a fictitious name utilized to protect the privacy of JANE CVE
28
COMPLAINT FOR DAMAGES
1 DOE, a victim of childhood sexual harassment, molestation and abuse. Plaintiff JANE CVE DOE
2 is a female, born on January, 1989, and was a minor during the time of the sexual misconduct
3 alleged herein. Beginning in approximately 2006 , Plaintiff was sexually harassed, assaulted and
4 abused by High School teacher, Defendant ANDREW BARNES, former employee and agent of
5 Defendant COVINA-VALLEY UNIFIED SCHOOL DISTRICT (“CVUSD”) and South Hills
6 High School (“SHHS”). Plaintiff was approximately 17 years old when the sexual harassment,
7 assault and abuse occurred.
8 2. The Plaintiff’s claims all arise out of sexual abuse and sexual assault claims that
9 occurred during the time periods of approximately 2006. In 2019, the California State legislature
10 enacted Assembly Bill No. 281, which was signed by the Governor on October 13, 2019. This
11 law, as enacted, went into effect on January 1, 2020. Among other things, this law amended
MANLY STEWART FINALDI
12 statutory code sections Code of Civil Procedure section 340.1; Code of Civil Procedure section
19100 Von Karman Avenue, Suite 800
13 1002 and Government Code section 905.
Telephone (949) 252-9990
Irvine, California 92612
14 3. The amendments, among other things, extended the statute of limitations for
15 childhood sexual assault, inclusive of claims against persons or entities who owed duties of care to
16 Plaintiff, premised upon wrongful or negligent acts by those persons or entities.
17 4. As amended, Code of Civil Procedure section 340.1(q), further provides:
18 Notwithstanding any other provision of law, any claim for damages described in
paragraphs (1) through (3), inclusive, of subdivision (a) that has not been litigated
19 to finality and that would otherwise be barred as of January 1, 2020, because the
applicable statute of limitations, claim presentation deadline, or any other time limit
20 had expired, is revived, and these claims may be commenced within three years of
January 1, 2020. A plaintiff shall have the later of the three-year time period under
21 this subdivision or the time period under subdivision (a) as amended by the act that
added this subdivision.
22
5. Plaintiff is under the age of forty (40) years of age, thus, under Code of Civil
23
Procedure §340.1(a), their claims are timely. Furthermore, pursuant to Government Code
24
§905(m),(p), there is no requirement for a Government Tort Claim to have been presented to
25
CVUSD, BARNES, or any other entity, in order to pursue their claim for damages against these
26
Defendants, as claims made under Code of Civil Procedure §340.1 are expressly exempted from
27
any such requirement. Further, Government Code §935(f) provides that CVUSD and DOES 1
28
2
COMPLAINT FOR DAMAGES
1 through 50 cannot make any claims procedure for claims of childhood sexual assault. Therefore,
2 the Plaintiff has no pre-filing Government Tort Claim requirement to fulfill, prior to the filing of
3 the instant lawsuit.
4 6. Pursuant to the Assembly Bill No. 218, and changes to Code of Civil Procedure
5 section 340.1; Code of Civil Procedure section 1002 and Government Code section 905, Plaintiff
6 may now bring forward their legitimate claims.
7 7. Defendant COVINA-VALLEY UNIFIED SCHOOL DISTRICT (hereinafter the
8 “CVUSD”), at all times mentioned herein was and is, a business entity of form unknown, having
9 its principal place of business in the County of Los Angeles, State of California. The CVUSD
10 purposely conducts substantial educational business activities in the State of California, and was
11 the primary entity owning, operating and controlling SHHS, employing BARNES and responsible
MANLY STEWART FINALDI
12 for monitoring and controlling their activities and behavior.
19100 Von Karman Avenue, Suite 800
13 8. South Hills High School (hereinafter “SHHS”) is a public educational institution in
Telephone (949) 252-9990
Irvine, California 92612
14 the CVUSD, operating as a High School for students approximately 13 years of age through
15 approximately 18 years of age.
16 9. Defendant ANDREW BARNES (hereinafter “BARNES”) at all times mentioned
17 herein was and is an adult male individual, who Plaintiff is informed and believes, and on that
18 basis alleges, currently resides in the County of Los Angeles, in the State of California. During the
19 period of time in which the childhood sexual harassment and abuse of Plaintiff, alleged herein,
20 took place, BARNES was a teacher, mentor, and advisor at SHHS; employed by both the CVUSD
21 and SHHS. At all times herein alleged, BARNES was an employee, agent, and/or servant of the
22 CVUSD and SHHS, and was under their complete control and/or active supervision.
23 10. Defendants DOES 1 through 100, inclusive, and each of them, are sued herein
24 under said fictitious names. Plaintiff is ignorant as to the true names and capacities of DOE
25 Defendants, whether individual, corporate, associate, or otherwise, and therefore sue said
26 Defendants by such fictitious names. When their true names and capacities are ascertained,
27 Plaintiff will request leave of Court to amend this Complaint to state their true names and
28 capacities herein.
3
COMPLAINT FOR DAMAGES
1 11. Plaintiff is informed and believes, and on that basis alleges, that at all times
2 mentioned herein, each Defendant was responsible in some manner or capacity for the occurrences
3 herein alleged, and that Plaintiff’s damages, as herein alleged, were proximately caused by all said
4 Defendants. Defendants CVUSD, BARNES and DOES 1-100 are sometimes collectively referred
5 to herein as “Defendants” and/or as “All Defendants”; such collective reference refers to all
6 specifically named Defendants.
7 12. Plaintiff is informed and believes, and on that basis alleges, that at all times
8 mentioned herein, there existed a unity of interest and ownership among Defendants and each of
9 them, such that any individuality and separateness between Defendants, and each of them, ceased
10 to exist. Defendants and each of them, were the successors-in-interest and/or alter egos of the
11 other Defendants, and each of them, in that they purchased, controlled, dominated and operated
MANLY STEWART FINALDI
12 each other without any separate identity, observation of formalities, or other manner of division.
19100 Von Karman Avenue, Suite 800
13 To continue maintaining the facade of a separate and individual existence between and among
Telephone (949) 252-9990
Irvine, California 92612
14 Defendants, and each of them, would serve to perpetrate a fraud and an injustice.
15 13. At all times mentioned herein, BARNES was an adult teacher, mentor, and advisor
16 employee of both the CVUSD and SHHS, acting as an employee, agent, and/or servant of such
17 and/or was under their complete control and/or supervision, as well as the complete control of the
18 Board, Superintendent and Assistant Superintendents, of CVUSD. BARNES was employed as a
19 teacher at the CVUSD and/or SHHS. BARNES was hired by the CVUSD and SHHS to serve as a
20 teacher, mentor, and advisor to minor high school students at SHHS. In so doing, the CVUSD and
21 SHHS held BARNES out to the public, Plaintiff and Plaintiff’s family to be of high ethical and
22 moral repute, and to be in good standing with the CVUSD, SHHS, the State of California, and the
23 public in general. In this capacity, BARNES taught, mentored, and advised students regarding
24 personal issues, academics, future employment prospects, and general emotional and
25 psychological issues. Both the CVUSD and SHHS held BARNES out to the public, Plaintiff and
26 Plaintiff’s parents to be a highly-qualified teacher, mentor, and advisor who could and would
27 assist Plaintiff with working through personal and academic issues they faced. Inherent in this
28 representation was the understanding that BARNES was a person of high ethical and moral
4
COMPLAINT FOR DAMAGES
1 standing, selected to provide leadership, guidance, mentoring, and advising to students, including
2 Plaintiff. Plaintiff and her family reasonably assumed that BARNES was a person worthy of their
3 trust.
4 14. Upon information and belief, BARNES was at some time investigated by SHHS,
5 during the course of the abuse for sexual misconduct related to Plaintiff, however, CVUSD
6 undertook no controls or methods to prevent BARNES from accessing Plaintiff and following this
7 investigation, and he used his position within CVUSD to abuse Plaintiff. Upon information and
8 belief, CVUSD, undertook no actions to prevent BARNES from teaching, being around students,
9 assaulting and abusing and assaulting Plaintiff.
10 15. Plaintiff us informed and believes, and on that basis alleges, that at all times
11 mentioned herein, Defendants and each of them, and BARNES were the agents, representatives
MANLY STEWART FINALDI
12 and/or employees of each and every other Defendant. In doing the things hereinafter alleged,
19100 Von Karman Avenue, Suite 800
13 Defendants and each of them, and BARNES, were acting within the course and scope of said
Telephone (949) 252-9990
Irvine, California 92612
14 alternative personality, capacity, identity, agency, representation and/or employment and were
15 within the scope of their authority, whether actual or apparent.
16 16. Plaintiff is informed and believes, and on that basis alleges, that at all times
17 mentioned herein, Defendants and each of them, and BARNES were the trustees, partners,
18 servants, joint venturers, shareholders, contractors, and/or employees of each and every other
19 Defendant, and the acts and omissions herein alleged were done by them, acting individually,
20 through such capacity and within the scope of their authority, and with the permission and consent
21 of each and every other Defendant and that said conduct was thereafter ratified by each and every
22 other Defendant, and that each of them is jointly and severally liable to Plaintiff.
23 FACTUAL ALLEGATIONS APPLICABLE TO ALL CLAIMS
24 I. THE LAW APPLICABLE TO CVUSD’S NOTICE OF SEXUAL MISCONDUCT
AMONGST ITS EMPLOYEES
25
17. Upon information and belief, CVUSD, through its Administrators and staff, knew
26
or should have known of BARNES’s risk to minor students at SHHS. See M.W. v. Panama Buena
27
Vista Union School Dist. (2003) 110 Cal. App. 4th 508, 520 (Holding that it is well-established
28
5
COMPLAINT FOR DAMAGES
1 that, in the context of school supervision cases wherein minors are injured, the correct notice
2 standard is “knew or should have known,” (also known as inquiry notice.)).
3 18. CVUSD is liable in both direct negligence and in vicarious liability for its
4 administrative staff's failure to reasonably supervise staff that abuse students. See C.A. v. William
5 S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 868.
6 19. It is undisputed that a special relationship and heightened duty extended to the
7 Plaintiff herein. M.W. v. Panama Buena Vista Union School Dist. (2003) 110 Cal. App. 4th 508,
8 520. Moreover, as analogous M.W., the fact that Plaintiff fits within a risk category, i.e. kids at
9 SHHS, and whom are at greater risk of exposure to abuse.
10 20. Pursuant to the inquiry notice standard, "[i]t is not necessary to prove that the very
11 injury which occurred must have been foreseeable by the school authorities in order to establish
MANLY STEWART FINALDI
12 that their failure to provide additional safeguards constituted negligence. Their negligence is
19100 Von Karman Avenue, Suite 800
13 established if a reasonably prudent person would foresee that injuries of the same general type
Telephone (949) 252-9990
Irvine, California 92612
14 would be likely to happen in the absence of such safeguards." J.H. v. Los Angeles Unified School
15 Dist. (2010) 183 Cal. App.4th 123,146.
16 21. “It is for the trier of fact to determine whether an unreasonable risk of harm was
17 foreseeable under the facts of a case.” M.W., 110 Cal. App. 4th at 516. “Foreseeability is
18 determined in light of all the circumstances and does not require prior identical events or injuries.”
19 Id. (emphasis added).
20 22. Upon information and belief, the foreseeability component of inquiry notice
21 includes the risk foreseen by grooming behavior within CVUSD of sexually assaultive staff
22 members. M.W., 110 Cal. App. 4th at 516.
23 23. The act of grooming, in and of itself, is a sexual crime under the following
24 California Statutes:
25 a. Penal Code section 288.3 (contacting a minor to commit a sexual offense - a
26 felony);
27 b. Penal Code section 647.6 (criminal annoyance of a child) - a misdemeanor.
28 24. As evidenced below, CVUSD's failed in its duties to protect Plaintiff from the
6
COMPLAINT FOR DAMAGES
1 foreseeable risk of harm presented by BARNES.
2 II. PRIOR NOTICE THAT BARNES AND OTHER STAFF PRESENTED A RISK OF
3 SEXUAL PROPENSITIES BY CVUSD AT SHHS
4 25. Plaintiff, upon information and belief, alleges that prior to the date of his
5 termination, CVUSD knew or had reason to know of BARNES’s sexual misconduct with minors
6 at SHHS.
7 26. During BARNES’ term of employment at SHHS, BARNES did and would
8 frequently invite female minors into his classroom during passing periods, lunch periods and after
9 class and school hours. During these time periods, BARNES would engage the minors, aged 13
10 through 18 in sexual discussions and sexual contact.
11 27. Upon information and belief, Plaintiff and other minors were seen by
MANLY STEWART FINALDI
12 Administrators, and staff, in BARNES’ classroom on frequent occasions, where BARNES was
19100 Von Karman Avenue, Suite 800
13 alone with one or more minors.
Telephone (949) 252-9990
Irvine, California 92612
14 28. Upon information and belief, despite the clear knowledge that BARNES was a risk
15 and acting sexually inappropriate with minor females, CVUSD, SHHS, and the Administration of
16 same, failed to:
17 a. Mandatorily report BARNES to law enforcement and/or child protective
18 services despite the existence of “reasonable suspicion”;
19 b. Remove BARNES from the school environment;
20 c. Recognize the existence of grooming behavior by BARNES that was a
21 predicate to her ultimate sexual assault and sexual abuse of these minor Plaintiff.
22 29. Despite the recognition that BARNES’ behavior with minor students during the
23 course of their investigation, CVUSD undertook no corrective measures and allowed BARNES to
24 remain in the school classroom and environment.
25 30. Upon information and belief, CVUSD was permitted to proliferate as a sexual
26 abuse breeding ground for teachers and staff.
27 31. Upon information and belief, there have been multiple allegations of sexual
28 misconduct by teachers and staff within CVUSD for decades.
7
COMPLAINT FOR DAMAGES
1 32. Former Superintendent Richard Sheehan was under investigation for alleged
2 misconduct with three minor students. Upon information and belief, Sheehan subsequently
3 resigned from CVUSD while under investigation.
4 33. Counselor Lynn Carmen Day subsequently relocated to Riverside Unified School
5 District and was involved in a failure to report and remove a sexual offender named Fernando
6 Figueroa who abused multiple students due to the falsification of supervision documents.
7 34. Prior to allegations of abuse by BARNES, Northview High School, also within
8 CVUSD, was alleged to have failed to report and investigate basketball coach and teacher,
9 Kimberly McMann. Concerns were raised that there was inappropriate behavior by McMann
10 while at the school, however
Preview
1 MORGAN A. STEWART (State Bar No. 209852) mstewart@manlystewart.com 2 CRISTINA J. NOLAN (State Bar No. 318495) cnolan@manlystewart.com 3 SAUL E. WOLF (State Bar No. 244833) swolf@manlystewart.com 4 MANLY STEWART FINALDI 19100 Von Karman Avenue, Suite 800 5 Irvine, California 92612 Telephone: (949) 252-9990 6 Facsimile: (949) 252-9991 7 Attorneys for JANE CVE, an Individual 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF LOS ANGELES 10 JANE CVE DOE, an individual, Case No.: Judge: 11 Plaintiff, Dept.: MANLY STEWART FINALDI 12 v. COMPLAINT FOR DAMAGES FOR: 19100 Von Karman Avenue, Suite 800 13 COVINA-VALLEY UNIFIED SCHOOL 1. NEGLIGENCE Telephone (949) 252-9990 Irvine, California 92612 DISTRICT, a business entity of form 2. NEGLIGENT SUPERVISION; 14 unknown; ANDREW JOSEPH BARNES, an 3. NEGLIGENT HIRING/RETENTION; individual; and Does 1 through 100 4. NEGLIGENT FAILURE TO WARN, 15 TRAIN OR EDUCATE; Defendant. 5. INTENTIONAL INFLICTION OF 16 EMOTIONAL DISTRESS 6. ASSAULT; 17 7. SEXUAL BATTERY (C.C. § 1708.5); 8. SEXUAL HARASSMENT (C.C. § 51.9); 18 9. GENDER VIOLENCE (C.C. § 52.4); 19 [DEMAND FOR JURY TRIAL] 20 [Filed pursuant to AB 218[C.C.P. §340.1]] 21 COMES NOW, Plaintiff JANE CVE DOE, an individual; who for her Complaint, 22 complains and alleges as follows: 23 GENERAL ALLEGATIONS AS TO THE PARTIES 24 1. Plaintiff JANE CVE DOE, an individual (hereinafter “JANE CVE DOE” and/or 25 “Plaintiff”) is a resident of the County of Los Angeles, State of California and was so at the time 26 of the abuse alleged herein. The name used by JANE CVE DOE in this Complaint is not the actual 27 name of JANE CVE DOE, but is a fictitious name utilized to protect the privacy of JANE CVE 28 COMPLAINT FOR DAMAGES 1 DOE, a victim of childhood sexual harassment, molestation and abuse. Plaintiff JANE CVE DOE 2 is a female, born on January, 1989, and was a minor during the time of the sexual misconduct 3 alleged herein. Beginning in approximately 2006 , Plaintiff was sexually harassed, assaulted and 4 abused by High School teacher, Defendant ANDREW BARNES, former employee and agent of 5 Defendant COVINA-VALLEY UNIFIED SCHOOL DISTRICT (“CVUSD”) and South Hills 6 High School (“SHHS”). Plaintiff was approximately 17 years old when the sexual harassment, 7 assault and abuse occurred. 8 2. The Plaintiff’s claims all arise out of sexual abuse and sexual assault claims that 9 occurred during the time periods of approximately 2006. In 2019, the California State legislature 10 enacted Assembly Bill No. 281, which was signed by the Governor on October 13, 2019. This 11 law, as enacted, went into effect on January 1, 2020. Among other things, this law amended MANLY STEWART FINALDI 12 statutory code sections Code of Civil Procedure section 340.1; Code of Civil Procedure section 19100 Von Karman Avenue, Suite 800 13 1002 and Government Code section 905. Telephone (949) 252-9990 Irvine, California 92612 14 3. The amendments, among other things, extended the statute of limitations for 15 childhood sexual assault, inclusive of claims against persons or entities who owed duties of care to 16 Plaintiff, premised upon wrongful or negligent acts by those persons or entities. 17 4. As amended, Code of Civil Procedure section 340.1(q), further provides: 18 Notwithstanding any other provision of law, any claim for damages described in paragraphs (1) through (3), inclusive, of subdivision (a) that has not been litigated 19 to finality and that would otherwise be barred as of January 1, 2020, because the applicable statute of limitations, claim presentation deadline, or any other time limit 20 had expired, is revived, and these claims may be commenced within three years of January 1, 2020. A plaintiff shall have the later of the three-year time period under 21 this subdivision or the time period under subdivision (a) as amended by the act that added this subdivision. 22 5. Plaintiff is under the age of forty (40) years of age, thus, under Code of Civil 23 Procedure §340.1(a), their claims are timely. Furthermore, pursuant to Government Code 24 §905(m),(p), there is no requirement for a Government Tort Claim to have been presented to 25 CVUSD, BARNES, or any other entity, in order to pursue their claim for damages against these 26 Defendants, as claims made under Code of Civil Procedure §340.1 are expressly exempted from 27 any such requirement. Further, Government Code §935(f) provides that CVUSD and DOES 1 28 2 COMPLAINT FOR DAMAGES 1 through 50 cannot make any claims procedure for claims of childhood sexual assault. Therefore, 2 the Plaintiff has no pre-filing Government Tort Claim requirement to fulfill, prior to the filing of 3 the instant lawsuit. 4 6. Pursuant to the Assembly Bill No. 218, and changes to Code of Civil Procedure 5 section 340.1; Code of Civil Procedure section 1002 and Government Code section 905, Plaintiff 6 may now bring forward their legitimate claims. 7 7. Defendant COVINA-VALLEY UNIFIED SCHOOL DISTRICT (hereinafter the 8 “CVUSD”), at all times mentioned herein was and is, a business entity of form unknown, having 9 its principal place of business in the County of Los Angeles, State of California. The CVUSD 10 purposely conducts substantial educational business activities in the State of California, and was 11 the primary entity owning, operating and controlling SHHS, employing BARNES and responsible MANLY STEWART FINALDI 12 for monitoring and controlling their activities and behavior. 19100 Von Karman Avenue, Suite 800 13 8. South Hills High School (hereinafter “SHHS”) is a public educational institution in Telephone (949) 252-9990 Irvine, California 92612 14 the CVUSD, operating as a High School for students approximately 13 years of age through 15 approximately 18 years of age. 16 9. Defendant ANDREW BARNES (hereinafter “BARNES”) at all times mentioned 17 herein was and is an adult male individual, who Plaintiff is informed and believes, and on that 18 basis alleges, currently resides in the County of Los Angeles, in the State of California. During the 19 period of time in which the childhood sexual harassment and abuse of Plaintiff, alleged herein, 20 took place, BARNES was a teacher, mentor, and advisor at SHHS; employed by both the CVUSD 21 and SHHS. At all times herein alleged, BARNES was an employee, agent, and/or servant of the 22 CVUSD and SHHS, and was under their complete control and/or active supervision. 23 10. Defendants DOES 1 through 100, inclusive, and each of them, are sued herein 24 under said fictitious names. Plaintiff is ignorant as to the true names and capacities of DOE 25 Defendants, whether individual, corporate, associate, or otherwise, and therefore sue said 26 Defendants by such fictitious names. When their true names and capacities are ascertained, 27 Plaintiff will request leave of Court to amend this Complaint to state their true names and 28 capacities herein. 3 COMPLAINT FOR DAMAGES 1 11. Plaintiff is informed and believes, and on that basis alleges, that at all times 2 mentioned herein, each Defendant was responsible in some manner or capacity for the occurrences 3 herein alleged, and that Plaintiff’s damages, as herein alleged, were proximately caused by all said 4 Defendants. Defendants CVUSD, BARNES and DOES 1-100 are sometimes collectively referred 5 to herein as “Defendants” and/or as “All Defendants”; such collective reference refers to all 6 specifically named Defendants. 7 12. Plaintiff is informed and believes, and on that basis alleges, that at all times 8 mentioned herein, there existed a unity of interest and ownership among Defendants and each of 9 them, such that any individuality and separateness between Defendants, and each of them, ceased 10 to exist. Defendants and each of them, were the successors-in-interest and/or alter egos of the 11 other Defendants, and each of them, in that they purchased, controlled, dominated and operated MANLY STEWART FINALDI 12 each other without any separate identity, observation of formalities, or other manner of division. 19100 Von Karman Avenue, Suite 800 13 To continue maintaining the facade of a separate and individual existence between and among Telephone (949) 252-9990 Irvine, California 92612 14 Defendants, and each of them, would serve to perpetrate a fraud and an injustice. 15 13. At all times mentioned herein, BARNES was an adult teacher, mentor, and advisor 16 employee of both the CVUSD and SHHS, acting as an employee, agent, and/or servant of such 17 and/or was under their complete control and/or supervision, as well as the complete control of the 18 Board, Superintendent and Assistant Superintendents, of CVUSD. BARNES was employed as a 19 teacher at the CVUSD and/or SHHS. BARNES was hired by the CVUSD and SHHS to serve as a 20 teacher, mentor, and advisor to minor high school students at SHHS. In so doing, the CVUSD and 21 SHHS held BARNES out to the public, Plaintiff and Plaintiff’s family to be of high ethical and 22 moral repute, and to be in good standing with the CVUSD, SHHS, the State of California, and the 23 public in general. In this capacity, BARNES taught, mentored, and advised students regarding 24 personal issues, academics, future employment prospects, and general emotional and 25 psychological issues. Both the CVUSD and SHHS held BARNES out to the public, Plaintiff and 26 Plaintiff’s parents to be a highly-qualified teacher, mentor, and advisor who could and would 27 assist Plaintiff with working through personal and academic issues they faced. Inherent in this 28 representation was the understanding that BARNES was a person of high ethical and moral 4 COMPLAINT FOR DAMAGES 1 standing, selected to provide leadership, guidance, mentoring, and advising to students, including 2 Plaintiff. Plaintiff and her family reasonably assumed that BARNES was a person worthy of their 3 trust. 4 14. Upon information and belief, BARNES was at some time investigated by SHHS, 5 during the course of the abuse for sexual misconduct related to Plaintiff, however, CVUSD 6 undertook no controls or methods to prevent BARNES from accessing Plaintiff and following this 7 investigation, and he used his position within CVUSD to abuse Plaintiff. Upon information and 8 belief, CVUSD, undertook no actions to prevent BARNES from teaching, being around students, 9 assaulting and abusing and assaulting Plaintiff. 10 15. Plaintiff us informed and believes, and on that basis alleges, that at all times 11 mentioned herein, Defendants and each of them, and BARNES were the agents, representatives MANLY STEWART FINALDI 12 and/or employees of each and every other Defendant. In doing the things hereinafter alleged, 19100 Von Karman Avenue, Suite 800 13 Defendants and each of them, and BARNES, were acting within the course and scope of said Telephone (949) 252-9990 Irvine, California 92612 14 alternative personality, capacity, identity, agency, representation and/or employment and were 15 within the scope of their authority, whether actual or apparent. 16 16. Plaintiff is informed and believes, and on that basis alleges, that at all times 17 mentioned herein, Defendants and each of them, and BARNES were the trustees, partners, 18 servants, joint venturers, shareholders, contractors, and/or employees of each and every other 19 Defendant, and the acts and omissions herein alleged were done by them, acting individually, 20 through such capacity and within the scope of their authority, and with the permission and consent 21 of each and every other Defendant and that said conduct was thereafter ratified by each and every 22 other Defendant, and that each of them is jointly and severally liable to Plaintiff. 23 FACTUAL ALLEGATIONS APPLICABLE TO ALL CLAIMS 24 I. THE LAW APPLICABLE TO CVUSD’S NOTICE OF SEXUAL MISCONDUCT AMONGST ITS EMPLOYEES 25 17. Upon information and belief, CVUSD, through its Administrators and staff, knew 26 or should have known of BARNES’s risk to minor students at SHHS. See M.W. v. Panama Buena 27 Vista Union School Dist. (2003) 110 Cal. App. 4th 508, 520 (Holding that it is well-established 28 5 COMPLAINT FOR DAMAGES 1 that, in the context of school supervision cases wherein minors are injured, the correct notice 2 standard is “knew or should have known,” (also known as inquiry notice.)). 3 18. CVUSD is liable in both direct negligence and in vicarious liability for its 4 administrative staff's failure to reasonably supervise staff that abuse students. See C.A. v. William 5 S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 868. 6 19. It is undisputed that a special relationship and heightened duty extended to the 7 Plaintiff herein. M.W. v. Panama Buena Vista Union School Dist. (2003) 110 Cal. App. 4th 508, 8 520. Moreover, as analogous M.W., the fact that Plaintiff fits within a risk category, i.e. kids at 9 SHHS, and whom are at greater risk of exposure to abuse. 10 20. Pursuant to the inquiry notice standard, "[i]t is not necessary to prove that the very 11 injury which occurred must have been foreseeable by the school authorities in order to establish MANLY STEWART FINALDI 12 that their failure to provide additional safeguards constituted negligence. Their negligence is 19100 Von Karman Avenue, Suite 800 13 established if a reasonably prudent person would foresee that injuries of the same general type Telephone (949) 252-9990 Irvine, California 92612 14 would be likely to happen in the absence of such safeguards." J.H. v. Los Angeles Unified School 15 Dist. (2010) 183 Cal. App.4th 123,146. 16 21. “It is for the trier of fact to determine whether an unreasonable risk of harm was 17 foreseeable under the facts of a case.” M.W., 110 Cal. App. 4th at 516. “Foreseeability is 18 determined in light of all the circumstances and does not require prior identical events or injuries.” 19 Id. (emphasis added). 20 22. Upon information and belief, the foreseeability component of inquiry notice 21 includes the risk foreseen by grooming behavior within CVUSD of sexually assaultive staff 22 members. M.W., 110 Cal. App. 4th at 516. 23 23. The act of grooming, in and of itself, is a sexual crime under the following 24 California Statutes: 25 a. Penal Code section 288.3 (contacting a minor to commit a sexual offense - a 26 felony); 27 b. Penal Code section 647.6 (criminal annoyance of a child) - a misdemeanor. 28 24. As evidenced below, CVUSD's failed in its duties to protect Plaintiff from the 6 COMPLAINT FOR DAMAGES 1 foreseeable risk of harm presented by BARNES. 2 II. PRIOR NOTICE THAT BARNES AND OTHER STAFF PRESENTED A RISK OF 3 SEXUAL PROPENSITIES BY CVUSD AT SHHS 4 25. Plaintiff, upon information and belief, alleges that prior to the date of his 5 termination, CVUSD knew or had reason to know of BARNES’s sexual misconduct with minors 6 at SHHS. 7 26. During BARNES’ term of employment at SHHS, BARNES did and would 8 frequently invite female minors into his classroom during passing periods, lunch periods and after 9 class and school hours. During these time periods, BARNES would engage the minors, aged 13 10 through 18 in sexual discussions and sexual contact. 11 27. Upon information and belief, Plaintiff and other minors were seen by MANLY STEWART FINALDI 12 Administrators, and staff, in BARNES’ classroom on frequent occasions, where BARNES was 19100 Von Karman Avenue, Suite 800 13 alone with one or more minors. Telephone (949) 252-9990 Irvine, California 92612 14 28. Upon information and belief, despite the clear knowledge that BARNES was a risk 15 and acting sexually inappropriate with minor females, CVUSD, SHHS, and the Administration of 16 same, failed to: 17 a. Mandatorily report BARNES to law enforcement and/or child protective 18 services despite the existence of “reasonable suspicion”; 19 b. Remove BARNES from the school environment; 20 c. Recognize the existence of grooming behavior by BARNES that was a 21 predicate to her ultimate sexual assault and sexual abuse of these minor Plaintiff. 22 29. Despite the recognition that BARNES’ behavior with minor students during the 23 course of their investigation, CVUSD undertook no corrective measures and allowed BARNES to 24 remain in the school classroom and environment. 25 30. Upon information and belief, CVUSD was permitted to proliferate as a sexual 26 abuse breeding ground for teachers and staff. 27 31. Upon information and belief, there have been multiple allegations of sexual 28 misconduct by teachers and staff within CVUSD for decades. 7 COMPLAINT FOR DAMAGES 1 32. Former Superintendent Richard Sheehan was under investigation for alleged 2 misconduct with three minor students. Upon information and belief, Sheehan subsequently 3 resigned from CVUSD while under investigation. 4 33. Counselor Lynn Carmen Day subsequently relocated to Riverside Unified School 5 District and was involved in a failure to report and remove a sexual offender named Fernando 6 Figueroa who abused multiple students due to the falsification of supervision documents. 7 34. Prior to allegations of abuse by BARNES, Northview High School, also within 8 CVUSD, was alleged to have failed to report and investigate basketball coach and teacher, 9 Kimberly McMann. Concerns were raised that there was inappropriate behavior by McMann 10 while at the school, however