Judge: Jon R. Takasugi, Case: BC644474, Date: 2025-01-30 Tentative Ruling

Case Number: BC644474    Hearing Date: January 30, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion for leave to amend to file a Master Complaint is GRANTED.  

On July 25, 2018, Plaintiff Jane R.D. Doe filed suit against the Los Angeles Unified School District (LAUSD). On September 13, 2018, Plaintiff filed a first amended complaint (FAC), alleging: (1) negligence; and (2) negligent hiring/retention/supervision.

            On July 25, 2018, Plaintiffs Jane C.B.R. Doe and Jane C.J.B. Doe in related Case No.: BC715363 filed suit against LAUSD. On September 13, 2018, Plaintiffs filed a first amended complaint (FAC), alleging: (1) negligence; and (2) negligent hiring/retention/supervision.

            On 11/12/2024, Plaintiff moved for leave to file a Master Complaint.

Discussion

            Plaintiff seeks leave to amend to file a Master Complaint which:

-          Consolidates all Plaintiffs into one Master Complaint.

-           Amends Plaintiffs’ theories of liability as against LAUSD so they conform to the findings and decisions of the California Court of Appeal (Case No. B308957) concerning Plaintiffs’ appeal of the granting of summary judgments in this matter.

-          Adds a negligence subsection that clearly sets out Plaintiffs’ negligent failure to warn, train, or educate allegations minor students in its care, including Plaintiffs, about the risks of childhood sexual abuse based on facts already pled. (Proposed Master Complaint, ¶¶ 86-88).

-          Adds Negligence Per Se – Mandatory Child Abuse Reporting section for failing to comply with mandatory child abuse reporting pursuant to Cal. Pen. Code § 11166 based on facts already pled. (Proposed Master Complaint, ¶ 89-97).

-          Adds clarifying details to allegations that were made in each Plaintiffs First Amended Complaint including:

o   Specific details regarding the sexual abuse of each Plaintiff perpetrated by John Salinas. (Proposed Master Complaint ¶¶ 40, 41, and 42).

o   Identifying certain LAUSD employees including Rene Ramirez, Connie Recart and Emily Vasquez as employees and agents of LAUSD and DOES 1 to 25, rather than employees and agents of Arminta Elementary School, a school within the jurisdiction of Defendant and DOES 1 to 25. (Proposed Master Complaint ¶¶ 11, 12, and 13).

o   Adding a Venue and Jurisdiction section that provides additional clarity regarding the timeliness of Plaintiffs’ claims arising from their sexual abuse pursuant to subsections (a) and (q) of C.C.P. § 340.1. This addition provides clarity to the allegations made in each Plaintiffs’ First Amended Complaint including alleging C.C.P. § 395(a) as a basis for venue and that pursuant to Cal. Gov. Code § 905(m) and C.C.P. § 340.1, they were not required to present Defendant with a government tort claim. (Proposed Master Complaint ¶¶ 19 and 20)

-          Makes non-substantive clerical corrections.

The policy favoring leave to amend is so strong that it is an abuse of discretion to deny an amendment unless the adverse party can show meaningful prejudice. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.)

Here, trial is not until 7/21/2025, and the Master Complaint would not allege any new causes of action or any facts that have not already been presented to both parties in Plaintiffs’ respective First Amended Complaints and/or during the discovery process. Neither Plaintiffs nor Defendant would be required to conduct any additional discovery as a result of the filing of the Master Complaint. As such, the Court finds insufficient evidence of prejudice to Defendant if leave is granted.

Based on the foregoing, Plaintiff’s motion for leave to amend to file a Master Complaint is granted.  

It is so ordered.

Dated:  January    , 2025

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.