22CV02834
ROE et al. v. MOUNTAIN VIEW WHISMAN SCHOOL DISTRICT et al.
MOUNTAIN VIEW WHISMAN’S DEMURRER
The demurrer is overruled. Taking the FAC’s material allegations as true, there are
sufficient allegations to establish a duty by District owed to Plaintiffs, whether it was via Myers’
employment at the junior high or summer program (both operated and controlled by District).
(FAC ¶¶ 3-6) The grooming behavior as described and allegations as to sexual abuse are also
adequate at the pleading stage. (FAC ¶ 7) Further, without authority establishing that Plaintiffs
need allege that their claims have not been litigated to finality, District’s final argument is
unpersuasive. Plaintiffs’ initial complaint was filed on 12/29/22 within the operative limitations
period.
SANTA CRUZ CITY SCHOOLS’ DEMURRER
The demurrer is overruled.
A. General overview of revival statute
AB 218 amended CCP § 340.1 to create a three-year “lookback window,” which revives