West Contra Costa Unified School Dist. v. Super. Ct.

BACKGROUND

Plaintiff alleges she was repeatedly sexually assaulted by her counselor at Richmond High School, within the District, between 1979 and 1983. Plaintiff further alleges that District employees were aware of the counselor’s conduct. In December 2022, Plaintiff filed her initial complaint, and in June 2023 she filed a second amended complaint asserting eight causes of action: (1) child sexual abuse; (2) sexual battery; (3) intentional infliction of emotional distress; (4) negligence; (5) negligence per se; (6) negligent hiring, retention, and supervision of an unfit employee; (7) negligent supervision of a minor; and (8) negligent failure to warn, train, or educate. The complaint states the action was brought pursuant to AB 218 and that the action is not barred due to any failure to present a claim to the District. In August 2023, the District filed a demurrer on the ground that the gift clause prohibited the Legislature from retroactively reviving Plaintiff’s claims, as well as on other grounds. In October, the trial court sustained the demurrer to the first three causes of action with leave to amend, but overruled the demurrer to the extent it was based on the gift…