Judge: John J. Kralik, Case: 22BBCV00433, Date: 2022-12-16 Tentative Ruling

Case Number: 22BBCV00433    Hearing Date: December 16, 2022    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

J.P., a minor, by and through his guardian ad litem CYNTHIA PHILLIPS, N.B, an individual,

                        Plaintiffs,

            v.

 

BURBANK UNIFIED SCHOOL DISTRICT, et al.,

                        Defendants.

 

  Case No.:  22BBCV00433

 

  Hearing Date:  December 16, 2022

 

[TENTATIVE] ORDER RE:

DEMURRER; MOTION TO STRIKE

 

BACKGROUND

A.         Allegations

Plaintiffs J.P. (a minor) and N.B (an individual) allege that Defendant Burbank Unified School District (“BUSD”) employed Defendant Rex Bullington (“Bullington”) as a high school teacher.  Plaintiffs allege that Mr. Bullington sexually abused, assaulted, battered, and molested students.  Plaintiffs allege that Mr. Bullington molested N.B. on two separate occasions between 2000 to 2004.  They also allege that J.P. was repeatedly molested from September 2019 to March 2020.  Plaintiffs allege that BUSD did nothing to remove Mr. Bullington from students or to warn students and parents of the danger he posed.

            The complaint, filed June 13, 2022, alleges causes of action for: (1) sexual battery by J.P. and N.B. against Mr. Bullington; (2) sexual assault by J.P. against Mr. Bullington; (3) cover up of childhood sexual assault by J.P. and N.B. against all Defendants; (4) negligence by J.P. and N.B. against BUSD; (5) negligent supervision by J.P. and N.B. against BUSD; (6) negligent hiring and retention by J.P. and N.B. against BUSD; (7) negligent failure to warn, train, or educate by J.P. and N.B. against BUSD; (8) IIED by J.P. and N.B. against all Defendants; (9) sexual harassment by J.P. and N.B. against all Defendants; and (10) battery by J.P. and N.B. against Mr. Bullington.

B.    Motions on Calendar

On August 30, 2022, Defendant BUSD filed a demurrer to the 3rd, 8th, and 9th causes of action alleged in the complaint.  BUSD also filed a motion to strike portions of the complaint.

On December 5, 2022, Plaintiffs filed a Notice of Non-Opposition to the demurrer and the motion to strike.

DISCUSSION

            BUSD filed a demurrer to the 3rd, 8th, and 9th causes of action in the complaint.  It also filed a motion to strike Plaintiff’s prayer for attorney’s fees. 

            In Plaintiffs’ notice of non-opposition, Plaintiffs state they will not contest the demurrer and will not contest the motion to strike the attorney’s fees allegations.

            The demurrer to the 3rd, 8th, and 9th causes of action in the complaint is sustained without leave to amend.  The motion to strike the allegations for attorney’s fees is granted without leave to amend.

CONCLUSION AND ORDER

Defendant Burbank Unified School District’s demurrer to the 3rd, 8th, and 9th causes of action in the complaint is sustained without leave to amend.  The motion to strike the allegations for attorney’s fees in the complaint is granted without leave to amend.

Defendant shall provide notice of this order.