Doe

FACTS AND PROCEDURAL BACKGROUND

According to the allegations of the second amended complaint, plaintiff was an undergraduate student attending the University of California, Santa Barbara (UCSB) when she was sexually assaulted by Jeffrey Beckstrand, a graduate student and teaching assistant employed by UCSB. Plaintiff knew Beckstrand from a class she had previously taken in which he was the teaching assistant. On the date of the assault, plaintiff encountered Beckstrand on campus and requested his assistance in writing a paper for one of her current classes. He agreed and they arranged to meet, that night, at an on-campus location. They met at 9:00 p.m., and thereafter went back to Beckstrand’s on-campus office to continue their meeting. Once there, Beckstrand sexually assaulted plaintiff while telling her that he had a knife and striking her in the face to force compliance. Plaintiff sued defendant for sexual battery, sexual assault, premises liability, negligence, and infliction of emotional distress. After several demurrers and amendments, plaintiff filed a second amended complaint, limiting her claims against defendant to vicarious liability for Beckstrand’s sexual battery and…