Defendant SAN DIEGO UNIFIED SCHOOL DISTRICT'S motion for summary judgment of the First Amended Complaint ("FAC") is DENIED. The alternative motion for summary adjudication of each cause of action is GRANTED as to the first and second causes of action, and DENIED as to the third cause of action. This ruling is premised on the following analysis:

1st COA: Assault and Battery

"A public entity is liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of his employment if the act or omission would, apart from this section, have given rise to a cause of action against that employee or his personal representative." Gov. Code, § 815.2(a). The general rule of respondeat superior for nongovernmental employers is the same as that set forth in the Government Code for public employers: An employer is vicariously liable for the torts of employees committed within the course or scope of their employment. Alma W. v. Oakland Unified School Di