Virginia G. v. ABC Unified School District

Plaintiff and appellant Virginia G., a minor, by her guardian ad litem Kathleen Navejas (Virginia G.), appeals the judgment on the pleadings entered in favor of defendant and respondent ABC Unified School District (the District) in an action for damages for personal injuries allegedly sustained by Virginia G. due to sexual molestation by a teacher.

Because Virginia G. may be able to state a cause of action against the District based on negligent hiring and/or supervision of the teacher who allegedly molested her, the judgment will be reversed.

Factual and Procedural Background

1. The Complaint.

In her complaint, Virginia G. named as defendants the District and Does I through XX, inclusive. She alleged at all relevant times, she was a student at the District’s Killingsworth Junior High School, and that each of the defendants owed her a duty of care “to supervise and ensure that all personnel employed by or through Defendants” and who worked at her school would and did perform their duties in a competent manner without causing her injury. She further alleged that defendants owed her a duty of care to ensure that no such employee would be retained if that employee “had…