This case was last updated from Los Angeles County Superior Courts on 07/10/2019 at 01:09:59 (UTC).

D B ET AL VS CHILD CARE RESOURCE CENTER INC ET AL

Case Summary

On 01/19/2018 D B filed a Personal Injury - Other Personal Injury lawsuit against CHILD CARE RESOURCE CENTER INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MELVIN D. SANDVIG and YOLANDA OROZCO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0860

  • Filing Date:

    01/19/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MELVIN D. SANDVIG

YOLANDA OROZCO

 

Party Details

Plaintiff

BY AND THROUGH HIS GAURDIAN AD LITEM DAISY MUNOZ AN INDIVIDUAL D.B.

Defendants and Respondents

ZAMORANO-PEDREGON BETTY

DOES 1 THROUGH 25

CHILD CARE RESOURCE CENTER INC.

CASTRELLON MARTINA

FLORES ROSIO

KRUPANSKY NADIA

HERNANDEZ THERESA

PEDREGON-ZAMARANO BETTY

Minor

D.B.

Guardian Ad Litem

MUNOZ DAISY

Attorney/Law Firm Details

Minor and Plaintiff Attorneys

ABIR COHEN TREYZON SALO LLP

VAHDAT & ABOUDI A.P.C.

Defendant and Respondent Attorney

NOWOTNY GEORGE E. ESQ.

Other Attorneys

ABIR COHEN TREYZON & SALO LLP

LEWIS BRISBOIS BISGAARD & SMITH LLP

 

Court Documents

Complaint

1/19/2018: Complaint

Civil Case Cover Sheet

1/19/2018: Civil Case Cover Sheet

ORDER TRANSFERRING PERSONAL INJURY (PI) CASE TO INDEPENDENT CALENDAR (IC) COURT

7/6/2018: ORDER TRANSFERRING PERSONAL INJURY (PI) CASE TO INDEPENDENT CALENDAR (IC) COURT

Notice of Case Management Conference

7/23/2018: Notice of Case Management Conference

Notice of Case Management Conference

7/23/2018: Notice of Case Management Conference

Opposition

1/14/2019: Opposition

Notice

1/23/2019: Notice

Minute Order

1/23/2019: Minute Order

Minute Order

2/1/2019: Minute Order

Reply

5/22/2019: Reply

Answer

6/19/2019: Answer

Notice of Change of Address or Other Contact Information

6/27/2019: Notice of Change of Address or Other Contact Information

PROOF OF SERVICE SUMMONS

4/20/2018: PROOF OF SERVICE SUMMONS

NOTICE AND ACKNOWLEDGMENT OF RECEIPT?CIVIL

4/23/2018: NOTICE AND ACKNOWLEDGMENT OF RECEIPT?CIVIL

NOTICE AND ACKNOWLEDGMENT OF RECEIPT?CIVIL

4/23/2018: NOTICE AND ACKNOWLEDGMENT OF RECEIPT?CIVIL

PROOF OF SERVICE SUMMONS

4/4/2018: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

4/4/2018: PROOF OF SERVICE SUMMONS

COMPLAINT FOR DAMAGES: 1. CHILDHOOD SEXUAL ABUSE [CIV. PROC. CODE 340.11; ETC

1/19/2018: COMPLAINT FOR DAMAGES: 1. CHILDHOOD SEXUAL ABUSE [CIV. PROC. CODE 340.11; ETC

49 More Documents Available

 

Docket Entries

  • 06/27/2019
  • Notice of Change of Address or Other Contact Information; Filed by Abir Cohen Treyzon Salo, LLP (Attorney)

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  • 06/19/2019
  • Answer (TO PLAINITFF'S SECOND AMENDED COMPLAINT); Filed by MARTINA CASTRELLON (Defendant); CHILD CARE RESOURCE CENTER, INC. (Defendant)

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  • 05/30/2019
  • at 08:32 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing on Motion to Quash (Subpoena) - Not Held - Taken Off Calendar by Party

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  • 05/30/2019
  • at 08:32 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing on Demurrer - without Motion to Strike - Held

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  • 05/30/2019
  • at 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing on Motion to Quash (Deposition Subpoena) - Not Held - Taken Off Calendar by Party

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  • 05/30/2019
  • at 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Case Management Conference - Held

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  • 05/30/2019
  • Order Appointing Court Approved Reporter as Official Reporter Pro Tempore (Appointing Cheri Bullock, CSR #4714); Filed by BETTY PEDREGON-ZAMARANO (Defendant)

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  • 05/30/2019
  • Minute Order ( (HEARING ON DEMURRER CASE MANAGEMENT CONFERENCE)); Filed by Clerk

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  • 05/29/2019
  • PLAINTIFF'S NOTICE OF INTENT TO INTRODUCE CONTROLLING PRECEDENT AT THE HEARING ON DEFENDANT'S DEMURRER TO PLAINTIFF'S SECOND AMENDED COMPLAINT; Filed by D.B. by and through his Gaurdian ad Litem, Daisy Munoz, an individual (Plaintiff)

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  • 05/28/2019
  • at 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing on Motion to Quash (Subpoena) - Not Held - Continued - Court's Motion

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130 More Docket Entries
  • 03/09/2018
  • Application-Miscellaneous (FOR D.B. GUARDIAN AD LITEM(FAXED) ); Filed by Attorney for Pltf/Petnr

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  • 01/30/2018
  • Application ; Filed by DAISY MUNOZ (Legacy Party); A MINOR THROUGH HIS GURDIN D D.B. (Plaintiff)

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  • 01/30/2018
  • Application ; Filed by Plaintiff/Petitioner

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  • 01/30/2018
  • Application-Miscellaneous (FOR D.B. GUARDIAN AD LITEM(FAXED) ); Filed by Attorney for Pltf/Petnr

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  • 01/30/2018
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL EX PARTE

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  • 01/19/2018
  • Complaint

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  • 01/19/2018
  • COMPLAINT FOR DAMAGES: 1. CHILDHOOD SEXUAL ABUSE [CIV. PROC. CODE 340.11; ETC

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  • 01/19/2018
  • Civil Case Cover Sheet; Filed by D.B. by and through his Gaurdian ad Litem, Daisy Munoz, an individual (Plaintiff)

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  • 01/19/2018
  • Complaint filed-Summons Issued; Filed by DAISY MUNOZ (Legacy Party); A MINOR THROUGH HIS GURDIN D D.B. (Plaintiff)

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  • 01/19/2018
  • Complaint; Filed by A MINOR THROUGH HIS GURDIN D D.B. (Plaintiff)

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Tentative Rulings

Case Number: BC690860    Hearing Date: November 09, 2020    Dept: F47

Dept. F-47Date: 11/09/2020

Case #BC690860

SUMMARY JUDGMENT/SUMMARY ADJUDICATION

Motion filed on 12/20/19.

MOVING PARTY: Defendant Child Care Resource Center, Inc. (CCRC)

RESPONDING PARTY: Plaintiff D.B., a minor by and through his guardian ad litem, Daisy Munoz

NOTICE: ok

RELIEF REQUESTED: An order granting summary judgment in favor of Defendant Child Care Resource Center, Inc. (CCRC) and against Plaintiff. Alternatively, CRCC requests an order granting summary adjudication of the 4th cause of action for Negligent Hiring and Supervision and the 5th cause of action for Negligent Training.

RULING: The request for summary judgment is granted.

The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court’s 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. Failure to comply with these requirements in the future may result in papers being rejected, matters being placed off calendar, matters being continued so documents can be resubmitted in compliance with these requirements, documents not being considered and/or the imposition of sanctions. (See also 10/1/20 Notice to Attorneys).

This action arises out of Plaintiff’s claim that while he attended Defendant Child Care Resource Center, Inc.’s (CCRC) day care center from February 2016 to April 2016, Defendant Martina Castrellon allegedly abused him when she escorted him to the restroom. Castrellon was a teacher’s assistant at CCRC’s day care center. Plaintiff alleges that Castrellon was underqualified to escort him to the restroom. Plaintiff alleges that upon reporting the incidents, CRCC conducted an investigation and no criminal charges were filed against Castrellon because the Department of Social Services found the evidence was inconclusive to affirmatively support or deny the occurrence of the incident. Plaintiff also alleges that once the allegations were made, CCRC immediately reassigned Castrellon to a purely administrative position where she is not permitted contact with children.

As against CRCC, Plaintiff alleges the 4th cause of action for Negligent Hiring and Supervision and 5th cause of action for Negligent Training. CRCC now moves for summary judgment, or alternatively, summary adjudication of the 4th and 5th causes of action.

A defendant meets its burden on a motion for summary judgment or summary adjudication by establishing that one or more elements of a cause of action cannot be established, or that there is a complete defense to the cause of action. CCP 437c(p)(2). Once a defendant meets this initial burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exist as to the cause of action or defense thereto. Id. A plaintiff may not rely on allegations or denials in their complaint. Santa Ana Unified School District (2001) 90 CA4th 404, 411. Evidence which gives rise only to mere speculation is insufficient to raise a triable issue of material fact. Sangster (1998) 68 CA4th 151, 163.

The elements of a cause of action for negligent hiring, supervision, or retention of an employee are: (1) Defendant’s employee was unfit or incompetent to perform the work for which he/she was hired; (2) Defendant knew or should have known that the employee was unfit or incompetent and this unfitness or incompetence created a particular risk to others; (3) the unfitness or incompetence of Defendant’s employee harmed Plaintiff; and (4) Defendant’s negligence in hiring, supervising or retaining the employee was a substantial factor in causing Plaintiff’s harm. (CACI No.426). Liability under a negligence theory will be imposed on an employer if it knew or should have known that hiring the employee created a particular risk or hazard and that particular harm materializes. Phillips (2009) 172 CA4th 1133, 1139. An employer breaches its duty when it knows, or should know, facts which would warn a reasonable person that the employee presents and undue risk of harm to third persons based on the particular work to be performed. Federico (1997) 59 CA4th 1207, 1214; See also Roman Catholic Bishop (1996) 42 CA4th 1556, 1566; Doe (1996) 50 CA4th 1038, 1054-1055; Juarez (2000) 81 CA4th 377, 397; Z.V. (2015) 238 CA4th 889, 903. Even the case law relied on by Plaintiff holds that schools have responsibility to take reasonable measures to protect students against harassment and abuse from foreseeable sources, including teachers or counselor “they know or have reason to know are prone to such abuse.” (emphasis added) C.A. (2012) 53 C4th 861, 871.

There is no evidence that CCRC negligently hired Castrellon.

In California, teacher assistants must complete six post-secondary semester units in child development. 22 C.C.R. 101216.2. CCRC required teacher assistants to complete twenty-four post-secondary semester units in child development. (Separate Statement (SS) 3, 17, 31).

Castrellon was hired by CCRC in 2006. (SS 2, 16, 30). Castrellon had completed twenty-six post-secondary semester units in child development by 1996. (SS 4, 18, 32). Castrellon was also trained in CPR and first aid for children and obtained a Teacher Assistant permit during her employment. (SS 7, 8, 21, 22, 35, 36).

Prior to Castrellon’s hiring, she underwent and cleared a background check which consisted of a criminal background check, fingerprint clearance, Child Abuse Central Index clearance, verification of Community Care Licensing and drug screening. (SS 5, 6, 19, 20, 33, 34). To date, Castrellon has no criminal record. (SS 14, 28, 42).

Based on the foregoing, there is no evidence to support any inference that Castrellon had previously committed the type of conduct alleged by Plaintiff, or that Castrellon had any predisposition to commit such conduct. Therefore, no basis exists for Plaintiff’s negligent hiring claim.

There is no evidence that CCRC negligently supervised Castrellon.

Without knowledge by the employer that the employee could not be trusted to act properly without being supervised, there can be no liability for negligent supervision. See Juarez, supra at 395; Z.V., supra at 902; Mendoza (1998) 66 CA4th 1333, 1339-1340.

Prior to the allegations made by Plaintiff, no allegations of inappropriate sexual conduct directed toward a minor had been made against Castrellon. (SS 9, 23, 37). Additionally, during Castrellon’s employment, CCRC conducted regular reviews of her job performance and she met or exceeded expectations. (SS 10, 24, 38). Plaintiff’s argument that a triable issue of material fact exists because it is foreseeable that a child could be inappropriately touched if taken to the restroom by one adult is without merit. First, Plaintiff has not established that an incident occurred in the restroom at CCRC’s facility. Additionally, the evidence shows that Castrellon was supervised by the teacher in the classroom. (Rochen Decl., Ex.5 pp.144:8-146:7). The evidence also shows that, at the time of the alleged incident, CCRC had policies and procedures in place regarding use of the restrooms. (Rochen Decl., Ex.4 pp.58:5-16, 59:12-24, 74:22-75:6; Ex.5 pp.116:21-118:9, 146:8-10). Any remedial change in such policies and procedures after the incident are inadmissible to establish liability. See Evidence Code 1151. Further, Plaintiff’s claim that CCRC’s diapering policy was violated is without merit as the “Diapering Guidelines” relied on by Plaintiff merely state that “[w]hen possible, a second staff person or adult should be present or within visibility during the diapering process.” (emphasis added) (Rochen Decl., Ex.7, p.2).

Because the evidence shows that CCRC had no knowledge that Castrellon could not be trusted to act properly, CRCC cannot be liable for negligent supervision of Castrellon.

There is no evidence of negligent training.

To establish a claim for negligent training, a plaintiff must show that the employer negligently trained the employee regarding the performance of the employer’s job duties and as a result of such negligent training, the employee, while carrying out his job duties caused injury or damage to the plaintiff. See Garcia (E.D. Cal. 2009) 627 F.Supp.2d 1187, 1208, citing State Farm Fire & Casualty Co. (1985) 171 CA3d 1, 23.

CCRC had policies and procedures against sexual abuse and regularly trained its teaching staff, including Castrellon, regarding identifying and reporting sexual abuse. (SS 11-13, 25-27, 39-41). No evidence exists which establishes CCRC was negligent in its training of Castrellon or any other employee regarding conduct related to this case.

CCRC’s objections to the declaration of Doug Rochen (numbers 1, 2 and 3) are sustained.

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