Dept. F-47
Date: 7/7/20
Case #19STCV04769
DEMURRER TO THE FIRST AMENDED COMPLAINT
Demurrer filed on 2/7/20.
MOVING PARTY: Defendant Vaughn Next Century Learning Center, a public entity
RESPONDING PARTY: Plaintiff A.G.
NOTICE: ok
Demurrer is to the 2nd cause of action:
1. Violation of Government Code 815.2 (Vicarious Liability)
2. Breach of Mandatory Duty Under Government Code 815.6 (Negligent Supervision)
3. Assault and Battery
4. Negligence
RULING: The demurrer is sustained with 20 days leave to amend.
This action arises out of Plaintiff’s claim that she was sexually harassed by another fourth grade student at Defendant Vaughn Next Century Learning Center. Plaintiff alleges that in early February 2018, a classmate sitting next to her drew an inappropriate picture on her math notebook. (FAC ¶11). Plaintiff erased the picture and later told her teacher about it. Id. Then, Plaintiff’s father called the school and spoke to the Principal who informed him that both students wo
Hearing Date
July 07, 2020
Type
Personal Injury/Property Damage/Wrongful Death - Uninsured Motorist (General Jurisdiction)
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Dept. F-47
Date: 7/7/20
Case #19STCV04769
DEMURRER TO THE FIRST AMENDED COMPLAINT
Demurrer filed on 2/7/20.
MOVING PARTY: Defendant Vaughn Next Century Learning Center, a public entity
RESPONDING PARTY: Plaintiff A.G.
NOTICE: ok
Demurrer is to the 2nd cause of action:
1. Violation of Government Code 815.2 (Vicarious Liability)
2. Breach of Mandatory Duty Under Government Code 815.6 (Negligent Supervision)
3. Assault and Battery
4. Negligence
RULING: The demurrer is sustained with 20 days leave to amend.
This action arises out of Plaintiff’s claim that she was sexually harassed by another fourth grade student at Defendant Vaughn Next Century Learning Center. Plaintiff alleges that in early February 2018, a classmate sitting next to her drew an inappropriate picture on her math notebook. (FAC ¶11). Plaintiff erased the picture and later told her teacher about it. Id. Then, Plaintiff’s father called the school and spoke to the Principal who informed him that both students wo