S.M.

S.M. v. Superior Court CA2/5

Good Law
Court of Appeal of CaliforniaDecember 13, 2024B337359California2,870 words

Opinion

Opinion

I. BACKGROUND

S.M.’s operative complaint alleges, as relevant for our purposes, two causes of action: a claim for sexual abuse of a minor against Estrada and a claim for negligence against LAUSD. S.M. generally alleges Estrada (then age 24) sexually abused her (then age 14) in November and December 2016 when he was working as a special education teacher’s assistant at her middle school.1 She asserts that, “[a]s a direct and legal result of the acts and omissions” of LAUSD and Estrada, she suffered “physical and emotional injuries and other harm,” including “severe emotional distress.” In December 2021, LAUSD filed a motion in limine seeking to present evidence that S.M. was sexually assaulted by Vasquez in late 2018 or early 2019—in either case, years after she was allegedly sexually abused by Estrada. LAUSD argued the evidence would be offered to impeach S.M.’s “likely claim” that all of her claimed emotional distress and some or all of her asserted damages were caused by Estrada’s earlier abuse. In LAUSD’s view, the evidence of the Vasquez assault was “highly and directly relevant to whether [S.M.’s] emotional distress was caused solely by . . . Estrada’s conduct (for which…

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