and 2
Defendant Union School District (the “District”) demurs to the Second Amended Complaint (“SAC”) filed by plaintiffs John Roe 1, John Roe 2, John Roe 3, John Roe 4 and John Roe 5 (collectively, “Plaintiffs”) and moves to strike portions contained therein.
I. Background
A. Factual
This is an action for childhood sexual assault purportedly suffered by Plaintiffs while they were students at an elementary school belonging to the District. According to the allegations of the SAC, all Plaintiffs are currently over the age of 39 and attended Cinnabar Elementary School (“Cinnabar”) at various times from 1978 through 1981, when the events at issue allegedly occurred. (SAC, ¶¶ 2, 4-7.) During that time, defendant Dennis Thomas (“Thomas”) was employed as a teacher at Cinnabar, and allegedly sexually assaulted each of the plaintiffs on school grounds. (Id., ¶¶ 5-7.) Thomas was arrested in the summer of 1981 and subsequently convicted of four felony counts of child molestation. (Id., ¶ 8.)
Hearing Date
May 13, 2021
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and 2
Defendant Union School District (the “District”) demurs to the Second Amended Complaint (“SAC”) filed by plaintiffs John Roe 1, John Roe 2, John Roe 3, John Roe 4 and John Roe 5 (collectively, “Plaintiffs”) and moves to strike portions contained therein.
I. Background
A. Factual
This is an action for childhood sexual assault purportedly suffered by Plaintiffs while they were students at an elementary school belonging to the District. According to the allegations of the SAC, all Plaintiffs are currently over the age of 39 and attended Cinnabar Elementary School (“Cinnabar”) at various times from 1978 through 1981, when the events at issue allegedly occurred. (SAC, ¶¶ 2, 4-7.) During that time, defendant Dennis Thomas (“Thomas”) was employed as a teacher at Cinnabar, and allegedly sexually assaulted each of the plaintiffs on school grounds. (Id., ¶¶ 5-7.) Thomas was arrested in the summer of 1981 and subsequently convicted of four felony counts of child molestation. (Id., ¶ 8.)