K.M.

INTRODUCTION

Plaintiffs K.M., H.R., and M.L. (Plaintiffs) sued the Grossmont Union High School District (the District) for negligence based on alleged sexual

abuse by their high school drama teacher, James Chatham.1 They also asserted sexual harassment claims under Civil Code section 51.9, to which the District successfully demurred. The District made Code of Civil

Procedure section 998 offers, which Plaintiffs did not accept.2 The case proceeded to a jury trial, where the trial court excluded certain evidence and mistakenly included Plaintiffs in an oral jury instruction regarding apportionment of fault. Plaintiffs prevailed, and the jury assigned 60 percent of fault to Chatham, and 40 percent to the District, with resulting damage awards lower than the section 998 offers. The parties moved to tax each

Plaintiffs describe themselves by surname or as Roe plaintiffs. The District uses their names, noting they appear in the record. We recognize Plaintiffs’ interest in privacy, but use first and last initials for clarity. We also abbreviate certain other names, and no disrespect is intended.

Further statutory references are to the Code of Civil Procedure, unless…