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1 Boris Treyzon, Esq. (SBN 188893)
btreyzon@actslaw.com
2 Slava Kasreliovich Esq. (SBN # 256807)
skasreliovich@actslaw.com
3 Allyson Ostrowski, Esq. (SBN 229153)
aostrowski@actslaw.com
4 ABIR COHEN TREYZON SALO, LLP
16001 Ventura Blvd, Suite 200
5 Encino, California 91436
Telephone: (833) 228-7529 | Fax: (424) 288-4368
6
Attorneys for Plaintiff,
7 H.G.
8
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
9
IN THE COUNTY OF LOS ANGELES
10
Case No.:
11
12
H.G., an individual. PLAINTIFF’S COMPLAINT FOR
13 1. NEGLIGENCE
Plaintiff, 2. NEGLIGENT HIRING, RETENTION
14 & SUPERVISION
vs. 3. SEXUAL HARASSMENT (Violation
15 of Title IX)
LOS ANGELES UNIFIED SCHOOL
16 DISTRICT, FAIRFAX HIGH SCHOOL,
and DOES 1 through 50, and each of them. DEMAND FOR JURY TRIAL
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Defendants.
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21 TO THIS HONORABLE COURT AND ALL INTERESTED PARTIES HEREIN:
22 COMES NOW, Plaintiff, H.G., hereby complains for injuries and damages as follows:
23 JURISDICTION AND VENUE
24 1. This Court has jurisdiction over this controversy pursuant to Code of Civil
25 Procedure § 410.10, and the amount in controversy exceeds the $25,000.00 minimum
26 jurisdictional requirement, exclusive of costs and attorney’s fees.
27 2. Venue is appropriate in this County because each and every one of the Defendants
28 is an entity originating, registered, and operating out of the County of Los Angeles, State of
1
COMPLAINT FOR DAMAGES
1 California. Venue is also proper because all unlawful acts which caused Plaintiff’s injuries took
2 place in the County of Los Angeles.
3 PARTIES
4 3. Plaintiff incorporates by reference all other paragraphs of this Complaint as if
5 fully set forth herein.
6 4. PLAINTIFF is informed and believes, and based thereon alleges, that FAIRFAX
7 HIGH SCHOOL (hereinafter “FHS”) is, and at all relevant times was, a public school located at
8 7850 Melrose Ave, Los Angeles, CA 90046. FHS serves students from ninth through twelfth
9 grades, including Plaintiff, H.G., with educational and extracurricular programs as a part of
10 Defendant, LOS ANGELES UNIFIED SCHOOL DISTRICT (hereinafter “LAUSD”), whose
11 offices are located at 333 S. Beaudry Avenue, 18th Floor, Los Angeles CA 90017. FHS & LAUSD,
12 at all times mentioned herein, had a duty to properly supervise and monitor the students of FHS
13 and/or properly elect, hire, train, manage, evaluate, and otherwise supervise the entities and people
14 tasked with supervising and monitoring students of FHS.
15 5. PLAINTIFF is informed and believes, and based thereon alleges Z.J., not named as
16 a party herein, is, and at all relevant times was a minor, and a student at FHS. Z.J. is identified
17 using only his initials to preserve his confidentiality and privacy pursuant to applicable law.
18 6. Defendant LAUSD is, and at all times herein mentioned was, a public school
19 district duly organized and existing under the laws of the State of California, which governing
20 board, officers, employees, and staff operated, managed, supervised, and/or controlled FHS during
21 all times herein mentioned to provide educational programs for students in the ninth through
22 twelfth grades, such as Plaintiff, H.G.
23 7. All acts and omissions set forth herein by LAUSD employees and DOES 1-25, and
24 each of them, occurred in the County of Los Angeles and occurred on property owned, operated,
25 and controlled by Defendant LAUSD.
26 8. All acts and omissions by others not named as parties herein, including, but not
27 limited to DOES 26-50, and each of them, occurred in the County of Los Angeles and occurred
28 either on property owned, operated, and controlled by Defendant LAUSD or affected Plaintiff,
2
COMPLAINT FOR DAMAGES
1 H.G. rights concerning her education, including causing substantial interference with her ability to
2 participate in or benefit from the services, activities or privileges provided by LAUSD in violation
3 of her rights.
4 9. The true names and capacities of Does 1 through 50, inclusive, whether individual,
5 corporate, associate, or otherwise, are unknown to Plaintiff at present, and when they ascertain the
6 true names and capacities of these Defendants, they will ask leave of the Court to amend this
7 Complaint by setting forth same. Plaintiff is informed, believe, and based thereon allege that each
8 DOE Defendant was negligent, and that such negligence, or other wrongful conduct, proximately
9 caused the injuries and damages alleged herein.
10 10. At all times herein mentioned, Defendants, and each of them, were the agents,
11 servants, employees, and alter egos, each of the other, and were acting within the course and scope
12 of said agency and employment.
13 11. PLAINTIFF is informed and believes, and based thereon alleges, that each
14 defendant, designated herein as a DOE, is responsible statutorily, negligently, or in some other
15 manner for the events and happenings herein referred to, and thereby proximately, directly,
16 vicariously, and legally, caused injuries and damages to Plaintiff H.G. as hereinafter alleged.
17 12. PLAINTIFF is informed and believes, and based thereon alleges, that at all times
18 material herein, each named and fictitiously named defendant was either the true defendant or the
19 agent, employee, and/or alter ego of each other defendant and in doing the things alleged herein,
20 was acting within the course, scope and purpose of such agency and with the permission and
21 consent of, and actions were ratified by, the other defendants.
22 GENERAL ALLEGATIONS
23 13. Plaintiff incorporates by reference all other paragraphs of this Complaint as if
24 fully set forth herein.
25 14. Plaintiff is identified using only her initials to preserve her confidentiality and
26 privacy pursuant to applicable law. At all times mentioned herein, H.G. was a resident in the City
27 of Los Angeles, in the County of Los Angeles, in the State of California. Plaintiff was born
28 February 10, 2006.
3
COMPLAINT FOR DAMAGES
1 15. While a student at FHS and during school hours, Plaintiff H.G. was subjected to
2 unlawful bullying and harassment, cyber-sexual-bullying, physical assault, including sexual abuse,
3 sexual harassment, distribution of child pornography, which included images and videos of her,
4 inflicted by Z.J. and other students, including DOES 26-50, and each of them. This conduct is
5 more fully alleged herein below.
6 16. In or around February 2023, Plaintiff began communicating with Z.J. via social
7 media and text messages after being placed in the same Physics class. Shortly thereafter, Z.J.
8 began a course of conduct that included sexual harassment, sexual bullying, cyber-sexual bullying,
9 psychical assault, sexual assault, forced oral copulation, distributed sexually graphic pictures and
10 videos of Plaintiff H.G. online and by text message, all for his sexual pleasure constituting lewd
11 and lascivious act, among other unlawful, violent and abusive conduct that is equivalent to sexual
12 harassment.
13 17. On or around March 22, 2023, during the school day Z.J. text messaged H.G. and
14 demanded she meet him outside of class and that he would hurt her if she did not agree. H.G.
15 informed Z.J. that she did not want to meet him, but he did not take "no" for an answer.
16 Z.J. : "Hurry yp"
"Hurry up"
17 "Bitch"
18 "I'm waiting bitch"
""ay"
19 "??"
"Hello?"
20 "Hurry up"
"Don't leave me on seen bitch"
21
"Ima give you 2 minutes to come"
22 "Hello??????"
"Alright bet"
23 "Your done"
24 18. Scared he would hurt her, H.G. ultimately met Z.J. and he took her to a notoriously
25 secluded area of campus, close to a set of stairs near the "main building" of FHS, which is an area
26 well known to students as being the place on campus to be unsupervised and undetected by faculty
27 and staff.
28 ///
4
COMPLAINT FOR DAMAGES
1 19. While at this secluded location on campus, Z.J. pushed H.G. down to her knees
2 and forced her to perform oral sex on him. Afterward, he overpowered H.G. to the ground and
3 pulled down H.G.’s pants while he was on top of her. H.G. fought back by trying to push him off
4 and told him to stop but Z.J. kept holding her down while he sexually assaulted her.
5 20. Z.J. recorded the aforementioned incident on his cell phone without H.G.’s
6 consent. He then sent the video of the incident to H.G. as well as posted the video on his Instagram
7 with the caption “finally forced her to suck me off.”
8 21. In April of 2023, a second sexual assault took place on the FHS campus. Z.J. texted
9 H.G. shortly after she arrived at school. He threatened her with sending the video of the March
10 2023 sexual assault to her parents as well as physical harm. Z.J. demanded she meet him at the
11 same secluded area on campus where the March 2023 incident took place., 2023.
12 22. H.G. replied to Z.J. via text message that she did not want to meet him, but because
13 he threatened her, she agreed. When H.G. arrived at the location, she told Z.J. that she didn't want
14 to “do anything with him.” Z.J. ignored her and pushed her down to her knees as she told him
15 “no.” Z.J. again forced her to engage in oral sex. He then got on top of H.G. and overpowered her
16 once more as she tried to push him off of her. Z.J. proceeded to choke H.G. and then held her
17 arms down while he sexually assaulted her.
18 23. Z.J. recorded a video of this second incident without H.G.’s consent. Later that
19 same day, he sent H.G. a copy of the video via social media.
20 24. Plaintiff notified FHS and the Los Angeles Police Department of the assaults in
21 May 2023. Accordingly, in October 2023 a Title IX investigation was completed by LAUSD and
22 determined that “based on a preponderance of the evidence and the totality of the findings and
23 analysis,” Z.J. was “found responsible for a sexual misconduct violation(s) (hostile environment
24 and sexual violence) as alleged.”
25 25. Plaintiff is informed, believes, and thereon alleges no LAUSD staff, employee,
26 teacher, administrator intervened nor were they supervising the area where the aforementioned
27 incidences occurred.
28 ///
5
COMPLAINT FOR DAMAGES
1 26. Plaintiff is informed and believes that minor Z.J. was criminally prosecuted in
2 juvenile court and plead guilty or no contest to the charges alleged against him.
3 THE PLAINTIFF IS EXEMPT FROM GOVERNMENT CLAIM FILING
4 REQUIREMENTS PURSUANT TO GOVERNMENT CODE § 905 (m)
5 27. Plaintiff incorporates by reference all other paragraphs of this Complaint as if fully
6 set forth herein.
7 28. Claims that are made for the recovery of damages suffered as a result of childhood
8 sexual assault are exempt from the claim filing requirements in Government Code, Section 910.
9 29. All acts alleged herein were the result of sexual assault, sexual molestation, sexual
10 abuse, cyber-sexual bullying, stalking, domestic violence of a minor, distribution and possession
11 of child pornography, and sexual exploitation of a minor. Therefore, no claim needs to be filed
12 under Government Code, section 905, subdivision (m). See A.M. v. Ventura Unified School Dist.
13 (2016) 3 Cal.App.5th 1252, 1254.)
14 THE PLAINTIFF COMPLIED WITH THE GOVERNMENT
15 CLAIM FILING REQUIREMENTS
16 30. Plaintiff incorporates by reference all other paragraphs of this Complaint as if
17 fully set forth herein.
18 31. On September 29, 2023, Plaintiff complied with the Government Code § 900
19 through §915.4 et seq. by submitting a claim through LAUSD Executive Officer of the Board of
20 Education and mailing a Notice of Claim pursuant to Government Code §910 et. seq. to naming
21 defendants known and unknown to LAUSD. No action was taken within 45 days on Plaintiff’s
22 Government Claim therefore, it is deemed rejected pursuant to the Government Code §912.4,
23 subdivision (c).
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6
COMPLAINT FOR DAMAGES
1 FIRST CAUSE OF ACTION
2 NEGLIGENCE
3 (AGAINST ALL DEFENDANTS and DOES 1-50 INCLUSIVE)
4 32. Plaintiff incorporates by reference all other paragraphs of this Complaint as if
5 fully set forth herein.
6 33. Plaintiff is informed, believes, and thereon alleges that Defendants FHS and
7 LAUSD, and DOES 1-25, inclusive, owed H.G. a further duty to act with reasonable care to protect
8 her from foreseeable dangers, including the severe and pervasive sexual harassment and sexual
9 assault that she suffered.
10 34. Plaintiff is informed, believes, and thereon alleges that Defendants FHS and
11 LAUSD, and DOES 1-25, inclusive, had a further duty to exercise reasonable and prudent care in
12 the conduct of their activities, or omissions to act, to avoid harm and injury to those students in
13 their care and to ensure a safe and lawful environment at the FHS. Each defendant negligently, or
14 otherwise wrongfully, failed to act with reasonable care, and their negligence, or other wrongful
15 conduct, was a substantial factor in causing the harm to Plaintiff as alleged herein.
16 35. At all times mentioned herein, Defendants’ acts and omissions allowed this hostile
17 environment of sexual harassment, sexual molestation, sexual abuse, cyber-sexual bullying,
18 domestic violence of a minor, distribution and possession of child pornography, and sexual
19 exploitation of a minor to exist, fester and grow to the point that it overtook the entire learning
20 environment for Plaintiff, H.G. PLAINTIFF is informed, believes, and thereon alleges that
21 Defendants, and each of them, had actual and/or constructive notice of a reasonably foreseeable
22 risk of harm to be proven at the time of trial.
23 36. PLAINTIFF is informed, believes, and thereon alleges that Defendants LAUSD,
24 and DOES 1-25 each breached their duty of care owed to Plaintiff because they, among other
25 things, violated the herein-mentioned statutes and failed to adequately maintain the discipline of
26 the students at FHS. Defendants, and each of them, failed to enforce rules and regulations
27 necessary for the protection of the students and thereby directly and proximately caused the
28 injuries and damages to Plaintiff H.G. as described therein. Defendants’ negligence, and other
7
COMPLAINT FOR DAMAGES
1 wrongful conduct, created a reasonably foreseeable risk of the type of injury and the damages
2 Plaintiff H.G. incurred.
3 37. Due to these acts and failures to act, Defendants, and each of them, are liable for
4 the injuries and damages to Plaintiff, H.G. under the California Education Code, including, but not
5 limited to Sections § 44807, 44808, 48900.4, and 48900.5; under the California Government Code,
6 including, but not limited to, Sections 815.2(a), 815.4, 815.6, 820(a), and/or 835; and under Article
7 I, Section 28, Subdivision (c) (1) of the California Constitution.
8 38. As a legal, direct, and proximate result of the negligence, and other wrongful
9 conduct, of Defendants LAUSD and DOES 1-50, and each of them, the same are liable for and
10 PLAINTIFF is entitled to recover of them, decedent’s survival economic damages, including, but
11 not limited to, his necessary medical and related expenses, as well as non-economic damages
12 including, but not limited to, mental, emotional and physical pain and suffering, all as proven at
13 the time of trial. The total amount of decedent’s damages is presently unknown but is reasonably
14 believed to be in excess of the minimum jurisdictional limit of this Court.
15 SECOND CAUSE OF ACTION
16 NEGLIGENT HIRING, RETENTION & SUPERVISION
17 (AGAINST ALL DEFENDANTS and DOES 1-25 INCLUSIVE)
18 39. Plaintiff incorporates by reference all other paragraphs of this Complaint as if
19 fully set forth herein.
20 40. At all relevant times, Defendant LAUSD and Does 1-25 inclusive, had a legal duty
21 to protect and supervise the students of LAUSD, including Plaintiff H.G. In executing these duties,
22 Defendants additionally owed a duty to exercise reasonable care in the hiring, supervising, and
23 retaining of their employees.
24 41. As an educational institution for minors, where all of the students are entrusted to
25 the counselors, advisors, mentors, coaches, faculty members, administrators and teachers,
26 Defendant LAUSD expressly and implicitly represented that these individuals would supervise,
27 control, direct, and guide all students in Defendant’s care while in loco parentis.
28 ///
8
COMPLAINT FOR DAMAGES
1 42. Defendant LAUSD negligently failed to supervise students at FHS and allowed a
2 condition where wrongful acts could occur against students, including Plaintiff H.G. Defendant
3 LAUSD failed to provide reasonable supervision at all relevant times and further failed to take
4 reasonable measures to prevent harassment and physical assault of minors, including Plaintiff.
5 43. Defendant LAUSD owed a duty of care to all reasonably foreseeable people,
6 including Plaintiff, H.G. to adequately and properly investigate, screen, hire, train, monitor, place,
7 evaluate, and supervise its instructors and employees in order to protect its students from harm
8 caused by other minor students on its school’s premises.
9 44. Plaintiff H.G. is informed, believes, and alleges that Defendant LAUSD failed in
10 its duty to investigate properly and adequately, screen, hire, train, monitor, place, evaluate, and
11 supervise and was negligent and reckless in hiring and/or retaining its instructors and employees
12 to protect its students, such as Plaintiff, H.G. from harm caused by other students.
13 45. Plaintiff H.G. is informed, believes, and thereon alleges that Defendant LAUSD
14 should have known that their instructors and employees were unfit for the specific tasks to be
15 performed during the course of their employment and posed a danger to students under their
16 custody and care.
17 46. Plaintiff H.G. is informed, believes, and alleges that Defendant FHS was negligent
18 and/or reckless by failing to provide any or sufficient training and/or supervision of its employees
19 after hiring them and was negligent in the retention of its employees who failed to perform their
20 jobs following California and Federal Law vis-à-vis the protection, safety, and well-being of the
21 children in their custody and care. This includes failing in their job performance, which included
22 supervising students and investigating and preventing acts of bullying and harassment.
23 47. As a legal, direct, and proximate result of these tortious, and other wrongful, acts
24 and omissions by Defendants LAUSD, and DOES 1-25, Plaintiff, H.G. was injured, which include
25 but not limited to extreme emotional distress, anxiety, depression, post-traumatic stress disorder,
26 which plaintiff has suffered all to her general damages and according to proof at trial.
27 48. Due to these acts and failures to act, Defendants LAUSD and DOES 1-25 are liable
28 for the injuries and damages to Plaintiff, H.G.., under Title IX of the Education Amendments Act
9
COMPLAINT FOR DAMAGES
1 of 1972 (20 U.S.C.A. §§ 1681–1688), the California Education Code, including, but not limited
2 to, Sections § 44807, 44808, 48900.4, and 48900.5; under the California Government Code,
3 including, but not limited to, Sections 815.2(a), 815.4, 815.6, 820(a), and/or 835; and under Article
4 I, Section 28, Subdivision (c) (1) of the California Constitution.
5 49. As a legal, direct, and proximate result of the negligence, and other wrongful
6 conduct of Defendants LAUSED, and DOES 1-25, and each of them, are liable for negligence.
7 Plaintiff H.G. is entitled to recover general, special, actual, and compensatory damages, including,
8 but not limited to, her necessary medical and related expenses, past, present, and future lost
9 earnings, loss of future earning capacity, as well as mental, emotional and physical pain and
10 suffering, in an amount presently unknown but exceeding the minimum jurisdictional limit of this
11 Court and as proven at the time of trial.
12 THIRD CAUSE OF ACTION
13 SEXUAL HARASSMENT (Violation of Title IX)
14 (AGAINST ALL DEFENDANTS and DOES 1-50, inclusive)
15 50. Plaintiff incorporates by reference all other paragraphs of this Complaint as if fully
16 set forth herein.
17 51. At all times mentioned herein, Defendants’ acts and omissions allowed this hostile
18 environment of sexual harassment, sexual molestation, sexual abuse, sexual assault, cyber-sexual
19 bullying, domestic violence of a minor, distribution and possession of child pornography, and
20 sexual exploitation of a minor to exist, fester and grow to the point that it overtook the entire
21 learning environment for Plaintiff, H.G. Plaintiff is informed, believe, and thereon allege that
22 Defendants and each of them had actual and/or constructive notice of a reasonably foreseeable risk
23 of harm to be proven at the time of trial.
24 52. As alleged hereinabove, Plaintiff H.G. was subjected to harassment because of
25 Plaintiff’s sex by the intentional conduct of Z.J. who committed acts of sexual assault on Plaintiff
26 H.G. These acts of sexual assault occurred in a context in which Defendants had substantial control
27 and they took place on the premises of FHS during school hours. Z.J. sexually harassed, assaulted,
28 bullied, and choked Plaintiff, H.G. Each of these acts were committed without Plaintiff’s H.G.’s
10
COMPLAINT FOR DAMAGES
1 consent. This conduct deprived Plaintiff H.G. of her access to school resources because of the
2 student’s gender.
3 53. This alleged conduct was so severe, pervasive, and offensive to a reasonable person
4 of the same sex that it effectively deprived Plaintiff, H.G. of equal access to the educational
5 opportunities or benefits provided by Defendant LAUSD to be proven at the time of trial.
6 54. As a legal, direct, and proximate result of these tortious and other wrongful acts
7 and omissions by Defendants and each of them, Plaintiff, H.G. was injured, which include but not
8 limited to, extreme emotional distress, anxiety, depression, post-traumatic stress disorder, which
9 plaintiff has suffered all to her general damages and according to proof at trial.
10 55. Due to these acts and failures to act, Defendants are liable for the injuries and
11 damages to Plaintiff, H.G., under the Title IX of the Education Amendments Act of 1972 (20
12 U.S.C.A. §§ 1681–1688), the California Education Code, including, but not limited to, Sections §
13 44807, 44808, 48900.4, and 48900.5; under the California Government Code, including, but not
14 limited to, Sections 815.2(a), 815.4, 815.6, 820(a), and/or 835; and under Article I, Section 28,
15 Subdivision (c) (1) of the California Constitution.
16 56. As a legal, direct, and proximate result of the negligence, and other wrongful
17 conduct of Defendants, and DOES 1-50, and each of them, are liable for negligence. Plaintiff H.G.
18 is entitled to recover general, special, actual, and compensatory damages, including, but not limited
19 to, her necessary medical and related expenses, past, present, and future lost earnings, loss of future
20 earning capacity, as well as mental, emotional and physical pain and suffering, in an amount
21 presently unknown but exceeding the minimum jurisdictional limit of this Court and as proven at
22 the time of trial.
23 PRAYER FOR RELIEF
24 WHEREFORE, Plaintiff H.G. prays for judgment against Defendants and each of them,
25 as follows:
26 1. For past and future General Damages;
27 2. For past and future Special Damages;
28 3. For costs incurred in prosecuting this action, as allowed by California Law;
11
COMPLAINT FOR DAMAGES
1 4. For statutory damages, including civil penalties;
2 5. For attorneys’ fees as allowed by law;
3 6. For punitive or exemplary damages;
4 7. Prejudgement interest, as allowed by California Law; and
5 8. For further relief as the Court shall deem just and proper.
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DATED: April 3, 2024 ABIR COHEN TREYZON SALO, LLP
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By: ________________________
9 Allyson Ostrowski, Esq.
Attorneys for Plaintiff, H.G.
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COMPLAINT FOR DAMAGES
1 DEMAND FOR JURY TRIAL
2 Plaintiff hereby demands a jury trial in the instant action on all stated claims for relief.
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4 Dated: March 29, 2024 ABIR COHEN TREYZON SALO, LLP
5
6 By: ______________________
Allyson Ostrowski, Esq.
7 Attorney for Plaintiff, H.G.
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COMPLAINT FOR DAMAGES
Preview
1 Boris Treyzon, Esq. (SBN 188893) btreyzon@actslaw.com 2 Slava Kasreliovich Esq. (SBN # 256807) skasreliovich@actslaw.com 3 Allyson Ostrowski, Esq. (SBN 229153) aostrowski@actslaw.com 4 ABIR COHEN TREYZON SALO, LLP 16001 Ventura Blvd, Suite 200 5 Encino, California 91436 Telephone: (833) 228-7529 | Fax: (424) 288-4368 6 Attorneys for Plaintiff, 7 H.G. 8 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 9 IN THE COUNTY OF LOS ANGELES 10 Case No.: 11 12 H.G., an individual. PLAINTIFF’S COMPLAINT FOR 13 1. NEGLIGENCE Plaintiff, 2. NEGLIGENT HIRING, RETENTION 14 & SUPERVISION vs. 3. SEXUAL HARASSMENT (Violation 15 of Title IX) LOS ANGELES UNIFIED SCHOOL 16 DISTRICT, FAIRFAX HIGH SCHOOL, and DOES 1 through 50, and each of them. DEMAND FOR JURY TRIAL 17 Defendants. 18 19 20 21 TO THIS HONORABLE COURT AND ALL INTERESTED PARTIES HEREIN: 22 COMES NOW, Plaintiff, H.G., hereby complains for injuries and damages as follows: 23 JURISDICTION AND VENUE 24 1. This Court has jurisdiction over this controversy pursuant to Code of Civil 25 Procedure § 410.10, and the amount in controversy exceeds the $25,000.00 minimum 26 jurisdictional requirement, exclusive of costs and attorney’s fees. 27 2. Venue is appropriate in this County because each and every one of the Defendants 28 is an entity originating, registered, and operating out of the County of Los Angeles, State of 1 COMPLAINT FOR DAMAGES 1 California. Venue is also proper because all unlawful acts which caused Plaintiff’s injuries took 2 place in the County of Los Angeles. 3 PARTIES 4 3. Plaintiff incorporates by reference all other paragraphs of this Complaint as if 5 fully set forth herein. 6 4. PLAINTIFF is informed and believes, and based thereon alleges, that FAIRFAX 7 HIGH SCHOOL (hereinafter “FHS”) is, and at all relevant times was, a public school located at 8 7850 Melrose Ave, Los Angeles, CA 90046. FHS serves students from ninth through twelfth 9 grades, including Plaintiff, H.G., with educational and extracurricular programs as a part of 10 Defendant, LOS ANGELES UNIFIED SCHOOL DISTRICT (hereinafter “LAUSD”), whose 11 offices are located at 333 S. Beaudry Avenue, 18th Floor, Los Angeles CA 90017. FHS & LAUSD, 12 at all times mentioned herein, had a duty to properly supervise and monitor the students of FHS 13 and/or properly elect, hire, train, manage, evaluate, and otherwise supervise the entities and people 14 tasked with supervising and monitoring students of FHS. 15 5. PLAINTIFF is informed and believes, and based thereon alleges Z.J., not named as 16 a party herein, is, and at all relevant times was a minor, and a student at FHS. Z.J. is identified 17 using only his initials to preserve his confidentiality and privacy pursuant to applicable law. 18 6. Defendant LAUSD is, and at all times herein mentioned was, a public school 19 district duly organized and existing under the laws of the State of California, which governing 20 board, officers, employees, and staff operated, managed, supervised, and/or controlled FHS during 21 all times herein mentioned to provide educational programs for students in the ninth through 22 twelfth grades, such as Plaintiff, H.G. 23 7. All acts and omissions set forth herein by LAUSD employees and DOES 1-25, and 24 each of them, occurred in the County of Los Angeles and occurred on property owned, operated, 25 and controlled by Defendant LAUSD. 26 8. All acts and omissions by others not named as parties herein, including, but not 27 limited to DOES 26-50, and each of them, occurred in the County of Los Angeles and occurred 28 either on property owned, operated, and controlled by Defendant LAUSD or affected Plaintiff, 2 COMPLAINT FOR DAMAGES 1 H.G. rights concerning her education, including causing substantial interference with her ability to 2 participate in or benefit from the services, activities or privileges provided by LAUSD in violation 3 of her rights. 4 9. The true names and capacities of Does 1 through 50, inclusive, whether individual, 5 corporate, associate, or otherwise, are unknown to Plaintiff at present, and when they ascertain the 6 true names and capacities of these Defendants, they will ask leave of the Court to amend this 7 Complaint by setting forth same. Plaintiff is informed, believe, and based thereon allege that each 8 DOE Defendant was negligent, and that such negligence, or other wrongful conduct, proximately 9 caused the injuries and damages alleged herein. 10 10. At all times herein mentioned, Defendants, and each of them, were the agents, 11 servants, employees, and alter egos, each of the other, and were acting within the course and scope 12 of said agency and employment. 13 11. PLAINTIFF is informed and believes, and based thereon alleges, that each 14 defendant, designated herein as a DOE, is responsible statutorily, negligently, or in some other 15 manner for the events and happenings herein referred to, and thereby proximately, directly, 16 vicariously, and legally, caused injuries and damages to Plaintiff H.G. as hereinafter alleged. 17 12. PLAINTIFF is informed and believes, and based thereon alleges, that at all times 18 material herein, each named and fictitiously named defendant was either the true defendant or the 19 agent, employee, and/or alter ego of each other defendant and in doing the things alleged herein, 20 was acting within the course, scope and purpose of such agency and with the permission and 21 consent of, and actions were ratified by, the other defendants. 22 GENERAL ALLEGATIONS 23 13. Plaintiff incorporates by reference all other paragraphs of this Complaint as if 24 fully set forth herein. 25 14. Plaintiff is identified using only her initials to preserve her confidentiality and 26 privacy pursuant to applicable law. At all times mentioned herein, H.G. was a resident in the City 27 of Los Angeles, in the County of Los Angeles, in the State of California. Plaintiff was born 28 February 10, 2006. 3 COMPLAINT FOR DAMAGES 1 15. While a student at FHS and during school hours, Plaintiff H.G. was subjected to 2 unlawful bullying and harassment, cyber-sexual-bullying, physical assault, including sexual abuse, 3 sexual harassment, distribution of child pornography, which included images and videos of her, 4 inflicted by Z.J. and other students, including DOES 26-50, and each of them. This conduct is 5 more fully alleged herein below. 6 16. In or around February 2023, Plaintiff began communicating with Z.J. via social 7 media and text messages after being placed in the same Physics class. Shortly thereafter, Z.J. 8 began a course of conduct that included sexual harassment, sexual bullying, cyber-sexual bullying, 9 psychical assault, sexual assault, forced oral copulation, distributed sexually graphic pictures and 10 videos of Plaintiff H.G. online and by text message, all for his sexual pleasure constituting lewd 11 and lascivious act, among other unlawful, violent and abusive conduct that is equivalent to sexual 12 harassment. 13 17. On or around March 22, 2023, during the school day Z.J. text messaged H.G. and 14 demanded she meet him outside of class and that he would hurt her if she did not agree. H.G. 15 informed Z.J. that she did not want to meet him, but he did not take "no" for an answer. 16 Z.J. : "Hurry yp" "Hurry up" 17 "Bitch" 18 "I'm waiting bitch" ""ay" 19 "??" "Hello?" 20 "Hurry up" "Don't leave me on seen bitch" 21 "Ima give you 2 minutes to come" 22 "Hello??????" "Alright bet" 23 "Your done" 24 18. Scared he would hurt her, H.G. ultimately met Z.J. and he took her to a notoriously 25 secluded area of campus, close to a set of stairs near the "main building" of FHS, which is an area 26 well known to students as being the place on campus to be unsupervised and undetected by faculty 27 and staff. 28 /// 4 COMPLAINT FOR DAMAGES 1 19. While at this secluded location on campus, Z.J. pushed H.G. down to her knees 2 and forced her to perform oral sex on him. Afterward, he overpowered H.G. to the ground and 3 pulled down H.G.’s pants while he was on top of her. H.G. fought back by trying to push him off 4 and told him to stop but Z.J. kept holding her down while he sexually assaulted her. 5 20. Z.J. recorded the aforementioned incident on his cell phone without H.G.’s 6 consent. He then sent the video of the incident to H.G. as well as posted the video on his Instagram 7 with the caption “finally forced her to suck me off.” 8 21. In April of 2023, a second sexual assault took place on the FHS campus. Z.J. texted 9 H.G. shortly after she arrived at school. He threatened her with sending the video of the March 10 2023 sexual assault to her parents as well as physical harm. Z.J. demanded she meet him at the 11 same secluded area on campus where the March 2023 incident took place., 2023. 12 22. H.G. replied to Z.J. via text message that she did not want to meet him, but because 13 he threatened her, she agreed. When H.G. arrived at the location, she told Z.J. that she didn't want 14 to “do anything with him.” Z.J. ignored her and pushed her down to her knees as she told him 15 “no.” Z.J. again forced her to engage in oral sex. He then got on top of H.G. and overpowered her 16 once more as she tried to push him off of her. Z.J. proceeded to choke H.G. and then held her 17 arms down while he sexually assaulted her. 18 23. Z.J. recorded a video of this second incident without H.G.’s consent. Later that 19 same day, he sent H.G. a copy of the video via social media. 20 24. Plaintiff notified FHS and the Los Angeles Police Department of the assaults in 21 May 2023. Accordingly, in October 2023 a Title IX investigation was completed by LAUSD and 22 determined that “based on a preponderance of the evidence and the totality of the findings and 23 analysis,” Z.J. was “found responsible for a sexual misconduct violation(s) (hostile environment 24 and sexual violence) as alleged.” 25 25. Plaintiff is informed, believes, and thereon alleges no LAUSD staff, employee, 26 teacher, administrator intervened nor were they supervising the area where the aforementioned 27 incidences occurred. 28 /// 5 COMPLAINT FOR DAMAGES 1 26. Plaintiff is informed and believes that minor Z.J. was criminally prosecuted in 2 juvenile court and plead guilty or no contest to the charges alleged against him. 3 THE PLAINTIFF IS EXEMPT FROM GOVERNMENT CLAIM FILING 4 REQUIREMENTS PURSUANT TO GOVERNMENT CODE § 905 (m) 5 27. Plaintiff incorporates by reference all other paragraphs of this Complaint as if fully 6 set forth herein. 7 28. Claims that are made for the recovery of damages suffered as a result of childhood 8 sexual assault are exempt from the claim filing requirements in Government Code, Section 910. 9 29. All acts alleged herein were the result of sexual assault, sexual molestation, sexual 10 abuse, cyber-sexual bullying, stalking, domestic violence of a minor, distribution and possession 11 of child pornography, and sexual exploitation of a minor. Therefore, no claim needs to be filed 12 under Government Code, section 905, subdivision (m). See A.M. v. Ventura Unified School Dist. 13 (2016) 3 Cal.App.5th 1252, 1254.) 14 THE PLAINTIFF COMPLIED WITH THE GOVERNMENT 15 CLAIM FILING REQUIREMENTS 16 30. Plaintiff incorporates by reference all other paragraphs of this Complaint as if 17 fully set forth herein. 18 31. On September 29, 2023, Plaintiff complied with the Government Code § 900 19 through §915.4 et seq. by submitting a claim through LAUSD Executive Officer of the Board of 20 Education and mailing a Notice of Claim pursuant to Government Code §910 et. seq. to naming 21 defendants known and unknown to LAUSD. No action was taken within 45 days on Plaintiff’s 22 Government Claim therefore, it is deemed rejected pursuant to the Government Code §912.4, 23 subdivision (c). 24 /// 25 /// 26 /// 27 /// 28 /// 6 COMPLAINT FOR DAMAGES 1 FIRST CAUSE OF ACTION 2 NEGLIGENCE 3 (AGAINST ALL DEFENDANTS and DOES 1-50 INCLUSIVE) 4 32. Plaintiff incorporates by reference all other paragraphs of this Complaint as if 5 fully set forth herein. 6 33. Plaintiff is informed, believes, and thereon alleges that Defendants FHS and 7 LAUSD, and DOES 1-25, inclusive, owed H.G. a further duty to act with reasonable care to protect 8 her from foreseeable dangers, including the severe and pervasive sexual harassment and sexual 9 assault that she suffered. 10 34. Plaintiff is informed, believes, and thereon alleges that Defendants FHS and 11 LAUSD, and DOES 1-25, inclusive, had a further duty to exercise reasonable and prudent care in 12 the conduct of their activities, or omissions to act, to avoid harm and injury to those students in 13 their care and to ensure a safe and lawful environment at the FHS. Each defendant negligently, or 14 otherwise wrongfully, failed to act with reasonable care, and their negligence, or other wrongful 15 conduct, was a substantial factor in causing the harm to Plaintiff as alleged herein. 16 35. At all times mentioned herein, Defendants’ acts and omissions allowed this hostile 17 environment of sexual harassment, sexual molestation, sexual abuse, cyber-sexual bullying, 18 domestic violence of a minor, distribution and possession of child pornography, and sexual 19 exploitation of a minor to exist, fester and grow to the point that it overtook the entire learning 20 environment for Plaintiff, H.G. PLAINTIFF is informed, believes, and thereon alleges that 21 Defendants, and each of them, had actual and/or constructive notice of a reasonably foreseeable 22 risk of harm to be proven at the time of trial. 23 36. PLAINTIFF is informed, believes, and thereon alleges that Defendants LAUSD, 24 and DOES 1-25 each breached their duty of care owed to Plaintiff because they, among other 25 things, violated the herein-mentioned statutes and failed to adequately maintain the discipline of 26 the students at FHS. Defendants, and each of them, failed to enforce rules and regulations 27 necessary for the protection of the students and thereby directly and proximately caused the 28 injuries and damages to Plaintiff H.G. as described therein. Defendants’ negligence, and other 7 COMPLAINT FOR DAMAGES 1 wrongful conduct, created a reasonably foreseeable risk of the type of injury and the damages 2 Plaintiff H.G. incurred. 3 37. Due to these acts and failures to act, Defendants, and each of them, are liable for 4 the injuries and damages to Plaintiff, H.G. under the California Education Code, including, but not 5 limited to Sections § 44807, 44808, 48900.4, and 48900.5; under the California Government Code, 6 including, but not limited to, Sections 815.2(a), 815.4, 815.6, 820(a), and/or 835; and under Article 7 I, Section 28, Subdivision (c) (1) of the California Constitution. 8 38. As a legal, direct, and proximate result of the negligence, and other wrongful 9 conduct, of Defendants LAUSD and DOES 1-50, and each of them, the same are liable for and 10 PLAINTIFF is entitled to recover of them, decedent’s survival economic damages, including, but 11 not limited to, his necessary medical and related expenses, as well as non-economic damages 12 including, but not limited to, mental, emotional and physical pain and suffering, all as proven at 13 the time of trial. The total amount of decedent’s damages is presently unknown but is reasonably 14 believed to be in excess of the minimum jurisdictional limit of this Court. 15 SECOND CAUSE OF ACTION 16 NEGLIGENT HIRING, RETENTION & SUPERVISION 17 (AGAINST ALL DEFENDANTS and DOES 1-25 INCLUSIVE) 18 39. Plaintiff incorporates by reference all other paragraphs of this Complaint as if 19 fully set forth herein. 20 40. At all relevant times, Defendant LAUSD and Does 1-25 inclusive, had a legal duty 21 to protect and supervise the students of LAUSD, including Plaintiff H.G. In executing these duties, 22 Defendants additionally owed a duty to exercise reasonable care in the hiring, supervising, and 23 retaining of their employees. 24 41. As an educational institution for minors, where all of the students are entrusted to 25 the counselors, advisors, mentors, coaches, faculty members, administrators and teachers, 26 Defendant LAUSD expressly and implicitly represented that these individuals would supervise, 27 control, direct, and guide all students in Defendant’s care while in loco parentis. 28 /// 8 COMPLAINT FOR DAMAGES 1 42. Defendant LAUSD negligently failed to supervise students at FHS and allowed a 2 condition where wrongful acts could occur against students, including Plaintiff H.G. Defendant 3 LAUSD failed to provide reasonable supervision at all relevant times and further failed to take 4 reasonable measures to prevent harassment and physical assault of minors, including Plaintiff. 5 43. Defendant LAUSD owed a duty of care to all reasonably foreseeable people, 6 including Plaintiff, H.G. to adequately and properly investigate, screen, hire, train, monitor, place, 7 evaluate, and supervise its instructors and employees in order to protect its students from harm 8 caused by other minor students on its school’s premises. 9 44. Plaintiff H.G. is informed, believes, and alleges that Defendant LAUSD failed in 10 its duty to investigate properly and adequately, screen, hire, train, monitor, place, evaluate, and 11 supervise and was negligent and reckless in hiring and/or retaining its instructors and employees 12 to protect its students, such as Plaintiff, H.G. from harm caused by other students. 13 45. Plaintiff H.G. is informed, believes, and thereon alleges that Defendant LAUSD 14 should have known that their instructors and employees were unfit for the specific tasks to be 15 performed during the course of their employment and posed a danger to students under their 16 custody and care. 17 46. Plaintiff H.G. is informed, believes, and alleges that Defendant FHS was negligent 18 and/or reckless by failing to provide any or sufficient training and/or supervision of its employees 19 after hiring them and was negligent in the retention of its employees who failed to perform their 20 jobs following California and Federal Law vis-à-vis the protection, safety, and well-being of the 21 children in their custody and care. This includes failing in their job performance, which included 22 supervising students and investigating and preventing acts of bullying and harassment. 23 47. As a legal, direct, and proximate result of these tortious, and other wrongful, acts 24 and omissions by Defendants LAUSD, and DOES 1-25, Plaintiff, H.G. was injured, which include 25 but not limited to extreme emotional distress, anxiety, depression, post-traumatic stress disorder, 26 which plaintiff has suffered all to her general damages and according to proof at trial. 27 48. Due to these acts and failures to act, Defendants LAUSD and DOES 1-25 are liable 28 for the injuries and damages to Plaintiff, H.G.., under Title IX of the Education Amendments Act 9 COMPLAINT FOR DAMAGES 1 of 1972 (20 U.S.C.A. §§ 1681–1688), the California Education Code, including, but not limited 2 to, Sections § 44807, 44808, 48900.4, and 48900.5; under the California Government Code, 3 including, but not limited to, Sections 815.2(a), 815.4, 815.6, 820(a), and/or 835; and under Article 4 I, Section 28, Subdivision (c) (1) of the California Constitution. 5 49. As a legal, direct, and proximate result of the negligence, and other wrongful 6 conduct of Defendants LAUSED, and DOES 1-25, and each of them, are liable for negligence. 7 Plaintiff H.G. is entitled to recover general, special, actual, and compensatory damages, including, 8 but not limited to, her necessary medical and related expenses, past, present, and future lost 9 earnings, loss of future earning capacity, as well as mental, emotional and physical pain and 10 suffering, in an amount presently unknown but exceeding the minimum jurisdictional limit of this 11 Court and as proven at the time of trial. 12 THIRD CAUSE OF ACTION 13 SEXUAL HARASSMENT (Violation of Title IX) 14 (AGAINST ALL DEFENDANTS and DOES 1-50, inclusive) 15 50. Plaintiff incorporates by reference all other paragraphs of this Complaint as if fully 16 set forth herein. 17 51. At all times mentioned herein, Defendants’ acts and omissions allowed this hostile 18 environment of sexual harassment, sexual molestation, sexual abuse, sexual assault, cyber-sexual 19 bullying, domestic violence of a minor, distribution and possession of child pornography, and 20 sexual exploitation of a minor to exist, fester and grow to the point that it overtook the entire 21 learning environment for Plaintiff, H.G. Plaintiff is informed, believe, and thereon allege that 22 Defendants and each of them had actual and/or constructive notice of a reasonably foreseeable risk 23 of harm to be proven at the time of trial. 24 52. As alleged hereinabove, Plaintiff H.G. was subjected to harassment because of 25 Plaintiff’s sex by the intentional conduct of Z.J. who committed acts of sexual assault on Plaintiff 26 H.G. These acts of sexual assault occurred in a context in which Defendants had substantial control 27 and they took place on the premises of FHS during school hours. Z.J. sexually harassed, assaulted, 28 bullied, and choked Plaintiff, H.G. Each of these acts were committed without Plaintiff’s H.G.’s 10 COMPLAINT FOR DAMAGES 1 consent. This conduct deprived Plaintiff H.G. of her access to school resources because of the 2 student’s gender. 3 53. This alleged conduct was so severe, pervasive, and offensive to a reasonable person 4 of the same sex that it effectively deprived Plaintiff, H.G. of equal access to the educational 5 opportunities or benefits provided by Defendant LAUSD to be proven at the time of trial. 6 54. As a legal, direct, and proximate result of these tortious and other wrongful acts 7 and omissions by Defendants and each of them, Plaintiff, H.G. was injured, which include but not 8 limited to, extreme emotional distress, anxiety, depression, post-traumatic stress disorder, which 9 plaintiff has suffered all to her general damages and according to proof at trial. 10 55. Due to these acts and failures to act, Defendants are liable for the injuries and 11 damages to Plaintiff, H.G., under the Title IX of the Education Amendments Act of 1972 (20 12 U.S.C.A. §§ 1681–1688), the California Education Code, including, but not limited to, Sections § 13 44807, 44808, 48900.4, and 48900.5; under the California Government Code, including, but not 14 limited to, Sections 815.2(a), 815.4, 815.6, 820(a), and/or 835; and under Article I, Section 28, 15 Subdivision (c) (1) of the California Constitution. 16 56. As a legal, direct, and proximate result of the negligence, and other wrongful 17 conduct of Defendants, and DOES 1-50, and each of them, are liable for negligence. Plaintiff H.G. 18 is entitled to recover general, special, actual, and compensatory damages, including, but not limited 19 to, her necessary medical and related expenses, past, present, and future lost earnings, loss of future 20 earning capacity, as well as mental, emotional and physical pain and suffering, in an amount 21 presently unknown but exceeding the minimum jurisdictional limit of this Court and as proven at 22 the time of trial. 23 PRAYER FOR RELIEF 24 WHEREFORE, Plaintiff H.G. prays for judgment against Defendants and each of them, 25 as follows: 26 1. For past and future General Damages; 27 2. For past and future Special Damages; 28 3. For costs incurred in prosecuting this action, as allowed by California Law; 11 COMPLAINT FOR DAMAGES 1 4. For statutory damages, including civil penalties; 2 5. For attorneys’ fees as allowed by law; 3 6. For punitive or exemplary damages; 4 7. Prejudgement interest, as allowed by California Law; and 5 8. For further relief as the Court shall deem just and proper. 6 DATED: April 3, 2024 ABIR COHEN TREYZON SALO, LLP 7 8 By: ________________________ 9 Allyson Ostrowski, Esq. Attorneys for Plaintiff, H.G. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 COMPLAINT FOR DAMAGES 1 DEMAND FOR JURY TRIAL 2 Plaintiff hereby demands a jury trial in the instant action on all stated claims for relief. 3 4 Dated: March 29, 2024 ABIR COHEN TREYZON SALO, LLP 5 6 By: ______________________ Allyson Ostrowski, Esq. 7 Attorney for Plaintiff, H.G. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 COMPLAINT FOR DAMAGES