Judge Ralph C. Hofer, Case Number: 24NNCV03294, Date: 2025-01-03 Tentative Ruling

Plaintiff Teri Milner alleges that in March of 2023, defendants Los Angeles Unified School District (LAUSD), Blakley Graham, Robyn Friedman, Angela Langham, and Miranda Tijerina were the legal cause of damages to plaintiff on March 27, 2023 at Walter Reed Middle School Girls Locker Room. The complaint alleges that, due to a hostile work environment, defendant Tijerina retaliated against plaintiff through plaintiff’s daughter Taya Jones. Jones asked defendant Tijerina repeatedly to use the restroom in the girl’s locker room, Tijerina refused to grant permission. Plaintiff alleges that Tijerina would not allow Jones to use the restroom (corporal punishment), which caused Jones to wet her pants and physical pain.

The complaint alleges that administrators Graham, Langham, and Friedman are Tijerina’s supervisors, and that on multiple occasions, before Tijerina committed corporal punishment against plaintiff’s daughter, plaintiff had reported intimidation and harassment. Plaintiff alleges that defendant LAUSD administration knew of Tijerina’s abuse and hostile work environment and failed to act.

Defendant’s UNOPPOSED Demurrer to Plaintiff’s Complaint is SUSTAINED WITH LEAVE TO AMEND. The complaint is confusing, as it appears to be brought by plaintiff Terri Milner on her own behalf, but fails to allege facts which would suggest that plaintiff Milner personally suffered damages; the physical damages alleged, physical pain and abuse, appear to have been suffered by Taya Jones, evidently a minor. It is not clear how the complaint is brought by plaintiff Milner on her own behalf. There are allegations of a hostile work environment and retaliation against plaintiff by conduct directed to her daughter. However, it is not alleged, for example, that plaintiff Milner is an employee of defendant LAUSD.

To the extent the complaint is intended to be a complaint to recover damages suffered by plaintiff’s daughter Taya Jones, it is not clear how plaintiff can recover damages for her daughter who is not a named party. Plaintiff has not applied to represent the minor as a guardian ad litem. It appears that Taya Jones was a minor at the time of the events alleged in the complaint. Also, plaintiff Milner cannot represent the minor in this lawsuit in pro per unless Milner is a licensed attorney.

Defendant has also submitted documentation which suggests that any government claim presented in this matter was made as a “Claim for Damages for Taya Jones,” not for plaintiff. [Shaheen Decl., para. 5, 6, Ex. C]. It also appears that the claim was rejected on January 26, 2024, but this complaint was not filed until August 2, 2024, so appears to have failed to comply with the six-month filing requirement for a complaint against a public entity set forth in Government Code section 945.6(a)(1).

Plaintiff has also failed to allege any statutory basis for negligence liability on the part of LAUSD. Government Code § 815 provides, “Except as otherwise provided by statute: (a) A public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person.” It is accordingly held that when pleading negligence against a public entity, even where the negligence is that of the public entity directly, plaintiff must allege and identify the statute establishing the duty owed by the public entity. Searcy v. Hemet Unified School Dist. (1986) 177 Cal.App.3d 792. No such allegations are made here.

Finally, the pleading seeks punitive damages against LAUSD. LAUSD moves to strike such allegations under Government Code section Government Code § 818 (“Notwithstanding any other provision of law, a public entity is not liable for damages awarded under Section 3294 of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant.”) Although the court is concerned that the motion to strike should have been brought as a separate motion from the demurrer, with a separate reservation made and a separate filing fee paid, the court has considered the motion to strike. It is GRANTED WITHOUT LEAVE TO AMEND.

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