Case Number:
22PSCV02768
Hearing Date:
October 31, 2023
Dept:
O
Tentative Ruling
Defendant Doe 1 School District DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT FOR DAMAGES is
SUSTAINED
(i.e., Negligence COAs are duplicative
such that there shall be one negligence COA for negligent hiring, retention and supervision;
demurrer to Sexual Battery COA is sustained
without
leave to amend; to the extent that Defendant argues AB 218 is unconstitutional, the court determines the Gifts Clause is not invoked).
Background
This case pertains to a sexual assault. Plaintiff Jennifer Parker (Plaintiff) alleges the following against Defendant Doe 1 School District (Defendant). In 1984, when she was a junior in high school, Plaintiff served as John Fernandezs (Perpetrator or Fernandez) teaching assistant. Throughout the year, the Perpetrator made sexually inappropriate comments to Plaintiff. On one occasion, Plaintiff asked another teacher at the high school what
Hearing Date
October 31, 2023
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Case Number:
22PSCV02768
Hearing Date:
October 31, 2023
Dept:
O
Tentative Ruling
Defendant Doe 1 School District DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT FOR DAMAGES is
SUSTAINED
(i.e., Negligence COAs are duplicative
such that there shall be one negligence COA for negligent hiring, retention and supervision;
demurrer to Sexual Battery COA is sustained
without
leave to amend; to the extent that Defendant argues AB 218 is unconstitutional, the court determines the Gifts Clause is not invoked).
Background
This case pertains to a sexual assault. Plaintiff Jennifer Parker (Plaintiff) alleges the following against Defendant Doe 1 School District (Defendant). In 1984, when she was a junior in high school, Plaintiff served as John Fernandezs (Perpetrator or Fernandez) teaching assistant. Throughout the year, the Perpetrator made sexually inappropriate comments to Plaintiff. On one occasion, Plaintiff asked another teacher at the high school what