Massey

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS AND TO STRIKE

The above-referenced motion came on regularly for hearing before this Court on March 24, 2003. After consideration of the materials submitted by the parties, argument of counsel and the case file, it is hereby ORDERED that Defendants’ Motion is DENIED.

I. FACTUAL AND PROCEDURAL BACKGROUND

At all relevant times, Ashly Massey (“Plaintiff’) was an eighth grade student at Coombs Middle School in the Banning Unified School District (the “District”). (Complaint ¶¶2-3.) Kathleen McNamara (“McNamara”) is the superintendent of the District; Manuel Peredia (“Peredia”) and Kirby Dabney (“Dabney”) are principal and vice principal, respectively, of Coombs Middle School. (Complaint ¶4.) Karen Gill (“Gill,” and together with McNamara, Peredia and Dabney, the “Individual Defendants”) is a physical education teacher at Coombs Middle School. (Complaint ¶ 4.)

In late March of 2002, following physical education class, upon being asked by a friend if she was a lesbian, Plaintiff responded in the affirmative. (Complaint ¶ 11.) That evening, Plaintiffs mother received a call from Gill informing her that Gill and the girls in Plaintiffs…