Case Number:
23CMCV01645
Hearing Date:
January 30, 2024
Dept:
A

23CMCV01645 Jane Doe E.W. v. Lynwood Unified School District, Fred Tah

Tuesday, January 30,
2024, at 8:30 a.m.


[TENTATIVE] ORDER OVERRULING DEMURRER TO PLAINTIFFS COMPLAINT



I.

BACKGROUND


The complaint alleges that Plaintiff, now 31 years old, was approximately 17 years old and attending Vista High School when she was subjected to sexual abuse perpetrated by Defendant, Fred Tah, a teacher employed by Defendant, Lynwood Unified School District (District). Plaintiff alleges claims for (1) childhood sexual abuse, (2) intentional infliction of emotional distress, (3) negligent hiring, supervision, and retention, (4) failure to report suspected child abuse, (5) negligent supervision of a minor, (6) and negligence.

II.

ARGUMENTS


Defendant District demurs to the fourth cause of action, which relies on a criminal statute that does not require the District, a publ