Ps
P.S. v. San Bernardino City Unified School District
Opinion
Opinion
Miller, J.
Plaintiffs and appellants P.S., M.A., C.R., and M.V. were first grade pupils in the Central School District. They were victims of molestation by Eric Norman Olsen, a substitute teacher. They each filed suit, alleging causes of action for negligence, negligence per se, and negligent infliction of emotional distress. In addition to naming Olsen and Central School District (where the plaintiffs attended school and which had hired Olsen as a substitute teacher), plaintiffs also named as defendants the Chino Valley Unified School District, defendant and respondent San Bernardino City Unified School District (SBCUSD), the Ontario-Montclair School District, the San Bernardino County Department of Children’s Services, and the San Bernardino County Superintendent of Schools, on the theory that these entities had failed in a mandatory statutory duty to report suspected child abuse when Olsen had worked as a substitute teacher in other districts. Defendant and respondent SBCUSD demurred to each complaint on the ground that the Child Abuse and Neglect Reporting Act (the Reporting Act; Pen. Code, § 11164 et seq.) did not impose a duty on them toward these plaintiffs. The trial court…