K. B. v. Arcadia Unified School District

I. BACKGROUND

This case involves K.B.’s allegation that Defendant James O’Brien, a former physical education teacher, harassed and assaulted him.’ K.B. commenced this

Pl.’s Mot. to Remand (the Motion”) [ECF No. 62]. The Court considered: (1) Third Am. Compl. (the “Third Amended Complaint”) [ECF No. 71]; (2) the Motion (including its attachments); and (3) Defs.’ Opp’n to the Motion (the “ Opposition”) [ECF No. 68]. See Third Amended Complaint J 10-28. Page 1 of ONERAL Initials of Deputy Clerk eva

Case 2:20-cv-07750-JWH-PD Document Filed 05/23/ Page 2 of Page ID #:528

action in Los Angeles County Superior Court in October 2019. Nearly a year later, Defendant Arcadia Unified School District removed this case to this Court.5 In April 2022,6 K.B. filed the instant Motion to remand, and Defendants opposed soon after. In May, K.B. filed the operative Third Amended Complaint alleging the following claims for relief: (1) negligence; (2) assault; (3) battery; (4) intentional infliction of emotional distress; (5) negligent infliction of emotional distress; and (6) a violation of the Bane Act, Cal. Civ.…