Judge: Peter A. Hernandez, Case: 19STCV10591, Date: 2022-10-06 Tentative Ruling
Case Number: 19STCV10591 Hearing Date: October 6, 2022 Dept: O
The
hearing on Plaintiffs Jane C.A. Doe’s, Jane D.B. Doe’s, Jane E.M. Doe’s, Jane
G.A.
Doe,
a minor, by and through her Guardian Ad Litem, Christina Nanez’s and Jane M.V.
Doe’s
Motion for Leave to File an Amended Master Complaint is CONTINUED to
November
2, 2022 at 9:30 a.m.
Background[1]
Plaintiffs Jane C.A. Doe, Jane D.B. Doe, Jane E.M. Doe and Jane G.A. Doe, a minor, by and through her Guardian Ad Litem, Christina Nanez (collectively, “Plaintiffs”) allege as follows: Plaintiffs were students at Arroyo High School (“Arroyo”) within the El Monte Union High School District (“District”) during the 2016-2017 school year. Plaintiffs were sexually abused and harassed during this time period by Daniel Rios (“Rios”), a substitute teacher and track coach at Arroyo.
On July 11, 2019, District and Angelita Gonzales Hernandez (“Hernandez”) filed a cross-complaint, asserting causes of action against Rios and Roes 1-50 for:
1.
Total Equitable Indemnity
2.
Partial Equitable Indemnity
3.
Declaratory Relief
On July 17, 2019, this case was transferred from Department 2
of the Personal Injury Court to this instant department.
On September 20, 2019, the court sustained Hernandez’s demurrer to the second cause of action without leave to amend.
On November 16, 2020, Plaintiffs filed a First Amended Complaint (“FAC”), asserting causes of action against District, Hernandez, Rios and Does 1-20 for:
1.
Negligence
2.
Sexual Harassment (Civil Code § 51.9)
3.
Sexual Assault
4.
Sexual Battery
On December 11, 2020, a “Stipulation and Order Re: Dismissal of Plaintiffs’ Second Cause of Action and Request for Attorney Fees” was filed.
On January 26, 2021, the court related this instant case to Case No. 20STCV39595 and deemed this instant case to be the lead case. On January 29, 2021, a “Stipulation and Order to Consolidate Related Cases” was filed.
On May 13, 2022, the court denied District’s and Hernandez’s motion for summary judgment.
The Final Status Conference is set for April 4, 2023. Trial is set for April 18, 2023.
Case No. 20STCV39595
Plaintiff Jane M.V. Doe (“Plaintiff”) alleges as follows: Plaintiff was a student at Arroyo between 2013-2017; during this time period, she was sexually abused and harassed by Rios.
On October 14, 2020, Plaintiff filed a complaint, asserting causes of action against District, Rios and Does 1-20 for:
1. Negligence
2 Sexual Harassment (Civil Code § 51.9)
3 Sexual Assault
4 Sexual Battery
On December 17, 2020, a “Stipulation and Order Re: Dismissal of Plaintiff’s Second Cause of Action and Request for Attorney Fees” was filed.
On January 26, 2021, the court related this instant case to Case No. 19STCV10591 and deemed Case No. 19STCV10591 to be the lead case. On January 29, 2021, a “Stipulation and Order to Consolidate Related Cases” was filed.
On May 13, 2022, the court denied District’s and Hernandez’s motion for summary judgment.
Discussion
Plaintiffs Jane C.A. Doe, Jane D.B. Doe, Jane E.M. Doe, Jane G.A. Doe, a minor, by and
through
her Guardian Ad Litem, Christina Nanez’s and Jane M.V. Doe (collectively,
“Plaintiffs”)
move the court for an order allowing them leave to file an amended master
consolidated
complaint.
The hearing is CONTINUED to November 2, 2022 at 9:30 a.m. due to insufficient notice [see
footnote
one]. Plaintiffs are to provide notice of the continued hearing date forthwith.
[1] The motion was filed (and served
electronically only to counsel for District and Hernandez and via mail only to
Rios) on September 12, 2022. September 23, 2022 was a court holiday and is thus
excluded for purposes of calculating notice. The motion should have been filed
and electronically served no later than September 9, 2022 (i.e., per Code of
Civil Procedure §§ 1005, subdivision (b) and 1010.6.)