Alma W. v. Oakland Unified School District

This appeal arises out of a tort action seeking damages from respondent, Oakland Unified School District, for an alleged sexual assault by respondent’s employee, A. B., on appellant. Appellant appeals from a judgment entered against her which sustained respondent’s demurrer for failure to state a cause of action against the school district under the doctrine of respondeat superior.

Appellant alleges that on December 2, 1977, she was a student at respondent’s Lazear Elementary School and that A. B. was respondent’s employee. Appellant, an 11 year old, was sexually molested by A. B., a school custodian. The sexual misconduct occurred on the school premises on a Friday afternoon behind closed doors in A. B.’s custodian’s office.

On January 25, 1978, through her mother as guardian ad litem, appellant filed a complaint for damages against A. B., the school principal, and respondent, alleging, inter alia, sexual molestation and rape. Following interposition of demurrers by the school district and others, appellant filed a first amended complaint on March 14, 1978. The amended complaint sought to establish the school district’s liability under the doctrine of respondeat…