Roe

INTRODUCTION

T. Roe, an intellectually disabled adult, by and through his guardian ad litem, Twynlette Thompson, filed this action against Juan Gutierrez, Andy Mehta, and the Centinela Valley Union High School District. Roe alleged Mehta, who was a teacher, and Gutierrez, who was an instructional aide, sexually molested Roe in the bathroom of the high school Roe attended. Roe appeals from the judgment entered in favor of Gutierrez, Mehta, and the School District after the trial court granted motions by each of them for summary judgment. Roe argues the court erred in granting those motions because his deposition testimony, as well as other evidence he argues the court improperly excluded on hearsay grounds, raised triable issues of material fact regarding whether Gutierrez and Mehta sexually abused him as alleged. We agree with Roe about his deposition testimony. Therefore, without reaching his argument the trial court erred in excluding evidence on hearsay grounds, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

A. Roe Files This Action Roe was born in January 1995. Because of an intellectual disability, his verbal comprehension and functional communications skills are…