Almodovar

FACTS

Almodovar filed a form complaint against Downey and Houts seeking damages for negligence and intentional tort based on the following allegation: “On March 12, 2012, Krislen was assaulted by Mr. Tom Houts, the Principal of Downey High School[,] while at school. Krislen had been in a fight with another student who had been bullying Krislen. After the other student ran away, and as Krislen was getting ready to walk away from the location . . . , Mr. [Houts] approached Krislen[,] grabbed her by her braided hair and body slammed her to the ground. While Krislen was on the ground, Mr. Houts told her to get up. As Krislen proceeded to stand up, he told her, ‘If you want to act like an animal, I am going to treat you like an animal.’ Mr. Houts then body slammed Krislen to the ground a second time.” A Government Code claim served on Downey was attached as exhibit A to the complaint. The claim was dated May 18, 2012. Downey’s June 27, 2012, denial of the claim was also attached. Downey and Houts filed a demurrer and noticed the hearing for April 25, 2013. They argued that the complaint was deficient because it did not allege a statutory basis for liability, citing Government Code…