Judge: Thomas Falls, Case: 22STCV149395, Date: 2022-08-04 Tentative Ruling
Case Number: 22STCV149395 Hearing Date: August 4, 2022 Dept: R
Nicholas Inclan v. Covina Valley Unified School District (22STCV14395)
Defendant Covina Valley Unified School District’s Demurrer and Motion to Strike
Responding Party: Plaintiff
Tentative Ruling
Defendant Covina Valley Unified School District’s Demurrer and Motion to Strike are MOOT and taken off calendar.
Background
This case arises from allegations of sexual assault endured when in school. Plaintiff NICHOLAS INCLAN (“Plaintiff”) asserts the following allegations against Defendants COVINAVALLY UNIFIED SCHOOL DISTRICT (“CVUSD”), a public entity, and KIMBERLY NORTHROP (collectively, “Defendants”): Defendant Northrop was a teacher at Northview High School, where Plaintiff was her student during the 2004 to 2005 academic year. Northrop began sexually grooming Plaintiff by seeking to earn his emotional and psychological trust. After two weeks, Northrop began sexually assaulting Plaintiff. Northrop also sexually assaulted two other students. Plaintiff further alleges that another CVUSD teacher sexually assaulted students. Despite CVUSD’s awareness that at least one of its teachers sexually abused a minor student at Northview High School, CVUSD continued to ignore Northrop’s inappropriate behavior.
On April 29, 2022, Plaintiff filed suit against Defendants.
On June 16, 2022, CVUSD filed a Demurrer with a Motion to Strike.
On July 8, 2022, Northrop filed her Answer.
On July 21, 2022, Plaintiff filed suit against Defendants for:
1. Negligence
2. Negligent Supervision and Retention
3. Sexual Battery and
4. Sexual Harassment
Discussion