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This case was last updated from Los Angeles County Superior Courts on 06/04/2019 at 05:53:03 (UTC).

JANE DOE VS LOS ANGELES UNIFIED SCHOOL DISTRICT ET AL

Case Summary

On 04/25/2017 JANE DOE filed a Personal Injury - Other Personal Injury lawsuit against LOS ANGELES UNIFIED SCHOOL DISTRICT. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are SHIRLEY K. WATKINS and DENNIS J. LANDIN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9059

  • Filing Date:

    04/25/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

SHIRLEY K. WATKINS

DENNIS J. LANDIN

 

Party Details

Plaintiff and Petitioner

DOE JANE

Defendants and Respondents

GARCIA DANIEL

LOS ANGELES UNIFIED SCHOOL DISTRICT

DOES 1 TO 60

LOS ANGELES UNIFIED SCHOOL DISTRICT A PUBLIC ENTITY

Material Witness

LOS ANGELES POLIC DEPT. CUSTODIAN OF RECO

Not Classified By Court

F. NADINE

LOS ANGELES POLICE DEPARTMENT CUSTODIAN OF RECORDS

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

RING DAVID M. ESQ.

RING DAVID MCDONALD

Defendant and Respondent Attorneys

GUTIERREZ PRECIADO & HOUSE LLP

PERLMUTTER BEN H.

PRECIADO ART

CHO CHUNG

Not Classified By Court Attorney

FEUER MICHAEL NELSON ATTORNEY FOR NON-PARTY WITNESS

 

Court Documents

DEFENDANT'S DECLARATIONS AND EXHIBITS IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES

6/15/2018: DEFENDANT'S DECLARATIONS AND EXHIBITS IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES

DEFENDANT'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS

6/15/2018: DEFENDANT'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS

NOTICE OF MOTION AND MOTION COMPELLING COMPLIANCE WITH A SUBPOENA AND FOR A COURT ORDER RELEASING POLICE REPORTS AND EVIDENCE FROM THE CRIMINAL CASE INVOLVING THE VICTIM PLAINTIFF JANE DOE AND DEFENDA

7/11/2018: NOTICE OF MOTION AND MOTION COMPELLING COMPLIANCE WITH A SUBPOENA AND FOR A COURT ORDER RELEASING POLICE REPORTS AND EVIDENCE FROM THE CRIMINAL CASE INVOLVING THE VICTIM PLAINTIFF JANE DOE AND DEFENDA

NON PARTY LOS ANGELES POLICE DEPARTMENTS RESPONSES TO PLAINTIFFS MOTION TO COMPEL;AND ETC.

7/20/2018: NON PARTY LOS ANGELES POLICE DEPARTMENTS RESPONSES TO PLAINTIFFS MOTION TO COMPEL;AND ETC.

Minute Order

8/22/2018: Minute Order

Unknown

9/18/2018: Unknown

Minute Order

10/2/2018: Minute Order

Minute Order

10/19/2018: Minute Order

Unknown

10/19/2018: Unknown

Notice of Lodging

10/26/2018: Notice of Lodging

Brief

10/26/2018: Brief

Request for Judicial Notice

1/28/2019: Request for Judicial Notice

Motion for Summary Judgment

1/28/2019: Motion for Summary Judgment

Stipulation and Order

3/25/2019: Stipulation and Order

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

5/1/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Minute Order

5/1/2019: Minute Order

PROOF OF SERVICE SUMMONS

11/1/2017: PROOF OF SERVICE SUMMONS

DEFENDANT LOS ANGELES UNIFIED SCHOOL DISTRICT'S AMENDED ANSWER TO PLAINTIFF'S COMPLAINT; DEMAND FOR JURY TRIAL

10/30/2017: DEFENDANT LOS ANGELES UNIFIED SCHOOL DISTRICT'S AMENDED ANSWER TO PLAINTIFF'S COMPLAINT; DEMAND FOR JURY TRIAL

44 More Documents Available

 

Docket Entries

  • 05/24/2019
  • at 08:30 AM in Department T, Shirley K. Watkins, Presiding; Final Status Conference - Not Held - Advanced and Continued - by Court

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  • 05/01/2019
  • at 08:30 AM in Department T, Shirley K. Watkins, Presiding; Hearing on Motion to Compel Further Discovery Responses - Held - Motion Granted

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  • 05/01/2019
  • Order Appointing Court Approved Reporter as Official Reporter Pro Tempore ((Arlene F. Vaughn, CSR # 3369)); Filed by Los Angeles Unified School District, a public entity (Defendant)

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  • 05/01/2019
  • Minute Order ( (Hearing on Motion to Compel Further Discovery Responses)); Filed by Clerk

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  • 05/01/2019
  • Order (Ruling on Submitted Matter); Filed by Clerk

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  • 05/01/2019
  • Certificate of Mailing for (Minute Order (Hearing on Motion to Compel Further Discovery Responses) of 05/01/2019 and a copy of the Ruling on Submitted Matter filed 5-1-2019); Filed by Clerk

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  • 04/23/2019
  • Reply (REPLY RE PLAINTIFF JANE DOE MOTION TO COMPEL DEFENDANT LAUSD TO PRODUCE ISTAR INCIDENT REPORTS); Filed by Jane Doe, a minor, by and through her guardian ad litem Nadine F. (Plaintiff)

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  • 04/18/2019
  • Opposition (Defendant LAUSD's Opposition to Plaintiff's Motion to Compel); Filed by Los Angeles Unified School District, a public entity (Defendant)

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  • 04/10/2019
  • at 08:30 AM in Department T, Shirley K. Watkins, Presiding; Hearing on Motion to Compel Further Discovery Responses - Not Held - Continued - Court's Motion

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  • 04/09/2019
  • Motion to Compel (Plaintiff Jane Doe's Motion To Compel); Filed by Jane Doe, a minor, by and through her guardian ad litem Nadine F. (Plaintiff)

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109 More Docket Entries
  • 08/10/2017
  • Receipt; Filed by Jane Doe, a minor, by and through her guardian ad litem Nadine F. (Plaintiff)

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  • 08/02/2017
  • Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 08/02/2017
  • Ord Apptng Guardian Ad Litem (FOR JANE DOE (SAMANTHA F.)D ); Filed by Attorney for Pltf/Petnr

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  • 07/26/2017
  • Application-Miscellaneous (FOR JANE DOE(SAMANTHA F.) GUARDIAN AD LITEM ); Filed by Attorney for Pltf/Petnr

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  • 07/26/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM, EX PARTE

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  • 07/26/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 04/25/2017
  • COMPLAINT FOR PERSONAL INJURIES AND DAMAGES ARISING FROM CHILDHOOD SEXUAL ABUSE

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  • 04/25/2017
  • Complaint; Filed by Jane Doe, a minor, by and through her guardian ad litem Nadine F. (Plaintiff)

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  • 04/25/2017
  • Complaint

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  • 04/25/2017
  • Complaint; Filed by Nadine F. (Legacy Party); Jane Doe, a minor, by and through her guardian ad litem Nadine F. (Plaintiff); Nadine F. (Non-Party)

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Tentative Rulings

Case Number: BC659059    Hearing Date: August 12, 2020    Dept: T

PLEASE NOTE THAT THE TENTATIVE WAS REVISED AT 3:45 P.M. ON 8/11/20

JANE DOE, etc.,

Plaintiff,

vs.

LOS ANGELES UNIFIED SCHOOL DISTRICT; et. al.

Defendants.

CASE NO: BC659059

[TENTATIVE] ORDER RE:

MOTION TO STRIKE PORTIONS OF THE FIRST AMENDED COMPLAINT

Dept. T

8:30 a.m.

August 12, 2020

[TENTATIVE] ORDER: The Motion to Strike Portions of the First Amended Complaint is DENIED. Both parties’ requests for judicial notice are GRANTED.

Introduction

Defendant Los Angeles Unified School District (“Defendant”) moves to strike from the First Amended Complaint (“FAC”) filed by Plaintiff Jane Doe (“Plaintiff”) the portions related to a cover up and treble damages under CCP §340.1.

Per the case law submitted by both parties, the immunity from punitive damages under GC §818 is narrow and applicable to damages whose purpose is “simply and solely punitive or exemplary.” Los Angeles County Metropolitan Transp. Authority v Sup. Ct. (2004) 123 Cal. App. 4th 261, 275; Archibald v Cty. Of San Bernardino (C.D. Cal. 2018) 2018 US Dist. LEXIS 79449, *1-2. As drafted and put into effect on January 1, 2020, CCP §340.1 makes no reference to punitive damages but authorizes the Court with discretion to award “up to treble damages.” CCP §340.1(b)(1). The statute does not reference “punitive” damages. Defendant argues that the treble damages is akin to punitive damages due to the “up to” qualifier. Although the “up to” language is seen as a hallmark of punitive damages, it is noted that the statute’s legislative history makes no reference to treble damages being a punishment. The legislative intent for treble damages was to compensate the victim. (Plaintiff’s Request for Judicial Notice (“RJN”) Exh. 1, pg. 2, Exh. 6, pg 2; Exh. 7, pg. 2, Exh. 8, pg. 4.) Defendant also cites to the legislative history to support its contention but the citations merely show that there would be high fiscal impact upon school districts if found liable for a cover up. (Defendant’s RJN Exhs. B & C.) Nothing in the legislative history provided by Defendant shows any intent to interpret treble damages as punishment. Because the treble damages herein are not for punishment but for compensation, the immunity under GC §818 is inapplicable. The court will not strike the treble damages from the FAC.

Minority Status of Hazel

Defendant argues that the FAC fails to allege minor status of Hazel in the complaint. Plaintiff claims treble damages. Treble damages are available under CCP 340.1(b)(1) if plaintiff proves that she was sexually assaulted as a result of alleged cover up of the sexual assault of a minor. Plaintiff claims that there was cover up of defendant Garcia’s relationship with a student, Hazel. The FAC does not say that Hazel was a minor.

CCP 340.1(b)(1) In an action described in subdivision (a), a person who is sexually assaulted and proves it was as the result of a cover up may recover up to treble damages against a defendant who is found to have covered up the sexual assault of a minor, unless prohibited by another law.

The issue of whether the plaintiff can claim treble damages under CCP section 340.1 has to do with the element of proof and is properly before the court at the time of trial when the jury is instructed on the element needed to prove treble damages. Paragraph 30, however, does allege that the cover-up involved sexual assault of minors. Additionally, there is nothing which prohibits plaintiff from arguing that the cover-up of Hazel, if she was a student but no longer a minor, relates to her compensatory damages. The court cannot say as a matter of law that the inclusion of the allegations re Hazel will not be relevant to any damages claimed by the plaintiff. The court will not strike the allegations as they pertain to Hazel.

Request for Judicial Notice

Request for judicial notice of legislative history is proper when the party identifies each separate document for which judicial notice is sought as a separate exhibit; and supports the request with a memorandum of points and authorities citing authority why each such exhibit constitutes cognizable legislative history. Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2005) 133 Cal. App. 4th 26, 31-38. The requests are granted.