This case was last updated from Los Angeles County Superior Courts on 10/29/2020 at 12:08:25 (UTC).

E C VS EAST WHITTIER CITY SCHOOL DISTRICT

Case Summary

On 04/27/2018 E C filed a Personal Injury - Other Personal Injury lawsuit against EAST WHITTIER CITY SCHOOL DISTRICT. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA A. SEIGLE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4205

  • Filing Date:

    04/27/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

LAURA A. SEIGLE

 

Party Details

Defendants and Respondents

EAST WHITTIER CITY SCHOOL DISTRICT

DOES 1-50

Guardian Ad Litems and Not Classified By Court

B.M.

E.C.

Minor and Not Classified By Court

E.C.

Attorney/Law Firm Details

Defendant and Respondent Attorneys

DOUMANIAN NANCY P. ESQ.

RAMIREZ JAVIER

DOUMANIAN NANCY PRAPION

DOUMANIAN NANCY PRAPION ESQ.

Minor Attorney

GLOVSHY SCOTT C. ESQ.

Other Attorneys

GLOVSKY SCOTT CHARLES ESQ.

 

Court Documents

Notice - NOTICE OF RULINGS ON PLAINTIFF'S MOTION TO CONFORM ORDER AND MOTION FOR SANCTIONS

8/24/2020: Notice - NOTICE OF RULINGS ON PLAINTIFF'S MOTION TO CONFORM ORDER AND MOTION FOR SANCTIONS

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION FOR ORDER TO CONFORM ORDER; HEARING ON MOTI...) OF 03/17/2020

3/17/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION FOR ORDER TO CONFORM ORDER; HEARING ON MOTI...) OF 03/17/2020

Notice of Ruling

1/28/2020: Notice of Ruling

Case Management Statement

1/13/2020: Case Management Statement

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

12/11/2019: Order - ORDER TRANSFERRING PERSONAL INJURY (PI) CASE TO INDEPENDENT CALENDAR (IC) COURT

Minute Order - MINUTE ORDER (COURT ORDER SETTING CASE FOR CASE MANAGEMENT CONFERENCE AND T...)

12/16/2019: Minute Order - MINUTE ORDER (COURT ORDER SETTING CASE FOR CASE MANAGEMENT CONFERENCE AND T...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER SETTING CASE FOR CASE MANAGEMENT CONFERENCE AND T...) OF 12/16/2019

12/16/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER SETTING CASE FOR CASE MANAGEMENT CONFERENCE AND T...) OF 12/16/2019

Notice - NOTICE OF MINUTE ORDER

12/18/2019: Notice - NOTICE OF MINUTE ORDER

Notice of Change of Address or Other Contact Information

10/1/2019: Notice of Change of Address or Other Contact Information

Notice - NOTICE OF ENTRY OF ORDER CONTINUING TRIAL AND FSC

9/5/2019: Notice - NOTICE OF ENTRY OF ORDER CONTINUING TRIAL AND FSC

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES AND P...)

8/16/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES AND P...)

Order - COURT ORDER PURSUANT TO PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO RFP AND MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES RE: MINOR STUDENT'S SCHOOL RECORDS

7/23/2019: Order - COURT ORDER PURSUANT TO PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO RFP AND MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES RE: MINOR STUDENT'S SCHOOL RECORDS

Notice of Motion

4/11/2019: Notice of Motion

Separate Statement

5/15/2019: Separate Statement

Reply - REPLY REPLY IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL SPECIAL INTERROGATORIES FROM EAST WHITTIER CITY SCHOOL DISTRICT, SET TWO

5/20/2019: Reply - REPLY REPLY IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL SPECIAL INTERROGATORIES FROM EAST WHITTIER CITY SCHOOL DISTRICT, SET TWO

NOTICE OF CHANGE OF ADDRESS

8/21/2018: NOTICE OF CHANGE OF ADDRESS

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

6/22/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

SUMMONS CITACION JUDICIAL

7/6/2018: SUMMONS CITACION JUDICIAL

73 More Documents Available

 

Docket Entries

  • 04/01/2021
  • Hearing04/01/2021 at 09:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Jury Trial

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  • 03/18/2021
  • Hearing03/18/2021 at 09:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Final Status Conference

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  • 02/17/2021
  • Hearing02/17/2021 at 08:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Mandatory Settlement Conference (MSC)

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  • 11/17/2020
  • Hearing11/17/2020 at 10:30 AM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion to Compel Further Discovery Responses

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  • 10/06/2020
  • Docketat 1:30 PM in Department C; Hearing on Motion for Summary Judgment - Not Held - Taken Off Calendar by Party

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  • 09/14/2020
  • Docketat 09:30 AM in Department F; Jury Trial ((time estimate for trial is 5-7 days)) - Not Held - Advanced and Vacated

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  • 09/01/2020
  • Docketat 08:30 AM in Department F; Final Status Conference - Not Held - Advanced and Vacated

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  • 08/24/2020
  • DocketNotice (of Rulings on Plaintiff's Motion to Conform Order and Motion for Sanctions); Filed by E.C. (Legacy Party)

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  • 08/18/2020
  • Docketat 10:30 AM in Department C; Hearing on Motion for Order (to conform order) - Held - Taken under Submission

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  • 08/18/2020
  • Docketat 10:30 AM in Department C; Hearing on Motion for Sanctions - Held - Taken under Submission

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117 More Docket Entries
  • 07/19/2018
  • DocketProof-Service/Summons; Filed by E.C. (Legacy Party)

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  • 07/06/2018
  • DocketSUMMONS CITACION JUDICIAL

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  • 07/06/2018
  • DocketSummons; Filed by B.M. (Legacy Party); E.C. (Legacy Party)

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  • 06/22/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 06/22/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 05/31/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 05/31/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 05/31/2018
  • DocketNOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 04/27/2018
  • DocketComplaint; Filed by null

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  • 04/27/2018
  • DocketCOMPLAINT AND DEMAND FOR JURY TRIAL 1. VIOLATION OF GOVERNMENT CODE SECTION 815.2 (VICARIOUS LIABILITY); ETC

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Tentative Rulings

Case Number: BC704205    Hearing Date: August 18, 2020    Dept: C

EC v. EAST WHITTIER CITY SCHOOL DISTRICT

CASE NO.: BC704205

HEARING 8/18/20

JUDGE: OLIVIA ROSALES

[Remote appearances are encouraged and will be given priority.]

#7

TENTATIVE ORDER

I. Plaintiff E.C.’s motion to conform the 7/23/19 Order to accurately reflect the court’s actual intention is DENIED. Plaintiff’s alternative motion to set aside the Court’s 7/23/19 Order is GRANTED.

II. Plaintiff E.C.’s motion for sanctions is GRANTED in part and DENIED in part. Reduced sanctions are imposed against Defendant and counsel, jointly and severally, in the reasonable sum of $3,000.00, payable within 30 days.

Moving Party to give NOTICE.

I. Motion to Set Aside

Plaintiff EC moves for an order pursuant to CCP § 473(b) and (d) to correct the Court’s 7/23/19 Order, which does not accurately reflect the court’s intention and was only signed by Plaintiff and the court as a result of Defendant’s misrepresentations.

The Complaint alleges that Plaintiff EC, then a 9-year old special needs student, was sexually assaulted in Defendant’s school bathroom by another student on at least four occasions.

Defendant claims it did not know how dangerous the assailant was before it learned of his attacks on Plaintiff.

To address this defense, Plaintiff sought in discovery the Individualized Education Plan (“IEP”) records of the assailant. The parties met at an Informal Discovery Conference (“IDC”) with Judge Seigel, who ordered that Defendant produce all IEP records of the assailant.

On 6/14/19, the court ordered:

By June 21, 2019 (1) Defendant will serve a privilege log, (2) the parties will file a protective order concerning the production of confidential student records, and (3) the parties will file a stipulated proposed order on the documents. Defendant has agreed to produce including (a) the other student's records on disciplinary actions, IEPs, and sexual abuse, (b) a form of the transcript, and (c) non-privileged documents concerning the investigation of the incident. The parties will alert the court when the stipulated proposed order is filed. The parties will continue to meet and confer on other documents to produce. Defendant will inform Plaintiff as to the categories of the other student’s records that are not being produced.” (Glovsky Decl., Ex. C.)

On 7/5/19, the court ordered:

By July 19, 2019, the parties will file a stipulated (meaning signed by both parties) proposed order on the documents Defendant has agreed to produce including (a) the other student's records on disciplinary actions, IEPs, and sexual abuse, (b) a form of the transcript, and (c) nonprivileged documents concerning the investigation of the incident. The parties will alert the court when the stipulated proposed order is filed. Defendant will inform Plaintiff as to the categories of the other student's records that are not being produced.”

Following the IDC, Defendant drafted the proposed order, limiting the production to IEP documents created while the assailant was in the Success Trhough Education Participation (“STEP”) program for the “2015-2016, 2016-2017, and 2017-2018 academic school years.” (Glovsky Decl., Ex. E.) Plaintiff signed the stipulated proposed order, and Judge Seigle signed the order on 7/23/19.

Plaintiff believed that the proposed order reflected all of the IEP records. In actuality, Plaintiff subsequently learned that Defendant had withheld many IEP records including the IEP that the Defendant created in 2016 to assess the assailant and determine that he be placed in the STEP program. (Glovsky Decl., ¶ 13.) This was the IEP that was operative for the 2015-2016 school year, but due to Defendant’s artful drafting, Defendant will not produce the crucial document in addition to all of the other IEPs in its possession from when the assailant was a student in the Defendant’s other schools prior to STEP.

This court declines to set aside Judge Seigle’s Order pursuant to CCP § 473(d) because the order is not void on its face and the motion is not for the purpose of correcting a clerical mistake.

However, the court will exercise its discretionary powers to relieve Plaintiff from an order or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.  (CCP § 473(b).)

Plaintiff’s counsel declares that he would not have signed the stipulated proposed order had he known that the Defendant was withholding other IEPs belonging to the assailant. (Glovsky Decl., ¶ 10.) Had he known that Defendant was not producing all of the IEP documents for the assailant, then he would never have signed the stipulation and Judge Seigle would not have entered the order. (Glovsky Decl., ¶ 11.)

The court accepts Plaintiff’s counsel’s declaration of mistake and inadvertence.

If the assailant was being evaluated for the STEP program, then the IEP evaluation for entry into the STEP program is certainly relevant to Plaintiff’s claim. Likewise, if Defendant had in its possession, IEPs concerning the assailant, then those records are also relevant to Plaintiff’s claim because they may contain information concerning Defendant’s knowledge of the assailant’s dangerous propensities. Although Defendant contends that during the IDC, Judge Seigle limited the IEPs to only the assailant’s IEPs in the STEP program, there is no record of such intent. Judge Siegle’s 6/14/19 and 7/5/19 minute orders do not contain any limitations.

The motion is GRANTED. Plaintiff’s proposed order reflects Judge Siegle’s orders on 6/14/19 and 7/5/19.

II. Sanctions

Plaintiff moves for sanctions based on Defendant’s failure to comply to the court’s 6/14/19 and 7/5/19 Minute Orders pursuant to CCP §§ 2023.030, 2023.010, 2031.300, 2031.310, 2025.480, and 2025.450.

This court declines to award sanctions based on noncompliance with the 6/14/19 and 7/5/19 orders because the parties thereafter signed the stipulated proposed order that Judge Siegle signed on 7/23/19. Further, this issue is now moot based on the granting of Plaintiff’s accompanying motion.

The court also declines to award sanctions based on defense counsel’s conduct at the depositions because the objections were based on a narrow interpretation of the 7/23/19 order, which has now been set aside.

Monetary sanctions are warranted based on the 8/16/19 order requiring Defendant to produce “all past warning, reprimand and discipline records for the assailant.” (Dybnis Decl., ¶ 4, Ex. A.) The order was not limited to documents in the STEP program, but Defendant refused to produce documents that predate the assailant’s entry into the STEP program. (Dybnis Decl., ¶ 5.)

Accordingly, the motion is GRANTED in part and DENIED in part as delineated above. Defendant is ordered to produce “all past warning, reprimand and discipline records for the assailant” including documents that predate the STEP program.

The court finds that the request of $4,560.00 is excessive. Instead, reduced sanctions are imposed against Defendant and counsel, jointly and severally, in the reasonable sum of $3,000.00, payable within 30 days.

Case Number: BC704205    Hearing Date: March 17, 2020    Dept: SEC

EC v. EAST WHITTIER CITY SCHOOL DISTRICT

CASE NO.: BC704205

HEARING: 3/17/20

JUDGE: OLIVIA ROSALES

Due to the directives, from both Governor and the Presiding Judge, to exercise social distancing in light of the COVID-19 pandemic, the Court will not be hearing any oral arguments on this motion.  Please contact the Clerk in Dept. SE-C if you would like to submit on the tentative.  If you do not wish to submit on the tentative, the matter will be CONTINUED, and the Clerk will notify the parties of the continued hearing date. 

#5

TENTATIVE ORDER

Plaintiff E.C.’s motion to conform the Court’s 7/23/19 Order or alternatively set aside and motion for sanctions are CONTINUED to June 2, 2020 at 1:30 PM in Dept. SEC.

Moving Party to give NOTICE.