1. Demurrer to Complaint Defendant Anaheim Union High School District’s Demurrer to Complaint is SUSTAINED with 20 days’ leave to amend. Defendant argues that it cannot be liable for sexual battery through either (1) vicarious liability/respondeat or (2) ratification. Plaintiff does not rebut, and therefore, concedes to the argument that Defendant cannot be held liability through vicarious liability/respondeat superior. With regard to ratification, the first cause of action for sexual battery does not sufficiently state facts to demonstrate ratification by Defendant.
2. Motion to Strike Complaint both filed by Anaheim Union High School District; Moot in light of tentative ruling on demurrer.
Moving Party to give notice.
Hearing Date
December 01, 2020
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1. Demurrer to Complaint Defendant Anaheim Union High School District’s Demurrer to Complaint is SUSTAINED with 20 days’ leave to amend. Defendant argues that it cannot be liable for sexual battery through either (1) vicarious liability/respondeat or (2) ratification. Plaintiff does not rebut, and therefore, concedes to the argument that Defendant cannot be held liability through vicarious liability/respondeat superior. With regard to ratification, the first cause of action for sexual battery does not sufficiently state facts to demonstrate ratification by Defendant.
2. Motion to Strike Complaint both filed by Anaheim Union High School District; Moot in light of tentative ruling on demurrer.
Moving Party to give notice.