Leger

In this case, we hold that the complaint of a high school student states a cause of action for damages against his school district and its employees. The complaint alleges employees of the district negligently failed to protect plaintiff Jaime Leger from an attack by a nonstudent in a school restroom, where they knew or reasonably should have known the restroom was unsafe and attacks by nonstudents were likely to occur.

Plaintiff contends the trial court erroneously sustained the demurrer of defendants Stockton Unified School District (District), Dean Bettker, and Greg Zavala to plaintiff’s first amended complaint without leave to amend.

Since a general demurrer admits the truthfulness of properly pleaded factual allegations of the complaint (Peterson v. San Francisco Community College Dist. (1984) 36 Cal.3d 799, 804 [ 205 Cal.Rptr. 842 , 685 P.2d 1193 ]), we recount the pertinent allegations: At all relevant times defendant Bettker was the principal of Franklin High School, and defendant Zavala was a wrestling coach. Each such defendant was an employee of defendant District and was acting within the scope of his employment respecting the matters stated in the…