Doe

FACTS AND PROCEDURAL BACKGROUND

I. Plaintiff’s Complaint

S.D. (plaintiff) is one of several plaintiffs suing the Mountain View School District (the District). While plaintiff was a fourth-grade student at one of the District’s elementary schools during the 2010-2011 school year, her teacher—Joseph Baldenebro—molested her. Plaintiff is suing the District for (1) negligence due to its (a) negligent hiring and retention of Baldenebro, (b) negligent supervision of him, (c) negligent failure to warn, train, and educate against his abuse, and (d) negligence per se in not reporting his abuse, and (2) sexual harassment (Civ. Code, § 51.9). 2 Among other things, plaintiff is seeking

Other student-plaintiffs’ parents sued the District for negligent infliction of emotional distress in the same complaint.

3 compensation for the “physical, mental, and emotional damages and injuries resulting from the sexual harassment.”

II. Discovery

In response to discovery propounded by the District, the District learned that plaintiff had been “sexually molested” by a “teenage family friend” in 2013. The molestation inflicted “emotional and psychological trauma” upon plaintiff for the…