BELGYN S. v. LOS ANGELES UNIFIED SCHOOL DISTRICT, et al.

CASE NO.: 18STCV03373

HEARING: 10/27/20 @ 1:30 PM

#3

TENTATIVE ORDER

Defendant Los Angeles Unified School District’s demurrer is SUSTAINED with 10 days leave to amend. Motion to strike attorneys fees and statutory damages is GRANTED with 10 days leave to amend.

Moving Party to give NOTICE.

Defendant Los Angeles Unified School District demurs to the 3rd and 4th causes of action on the grounds that they fail to state facts sufficient and are uncertain.

Plaintiff alleges that she was sexually molested by her teacher, Hector Rodriguez, while she was a student. The First Amended Complaint asserts causes of action for:

1. Assault and Battery

2. Negligence

3. Pen. Code 11166

4. CC 51.9

5. Educ. Code 220

6. CC 1708.5

7. IIED

3rd CAUSE OF ACTION

Penal Code section 11166 provides in relevant part as follows: "(a) Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall make a report to an a