Doe
Doe v. Community Learning Center Schools, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JANE DOE, Case No. 20-cv-06996-VC
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART MOTION TO
DISMISS
ALAMEDA COMMUNITY LEARNING
CENTER, et al., Re: Dkt. No. 26 Defendants.
This case concerns the alleged sexual assault of a twelve-year-old child, Jane Doe, by her speech therapist, Matias Cuevas. Cuevas worked as a contractor at Doe’s school, Alameda Community Learning Center. Doe seeks to hold the school liable under the Rehabilitation Act and various state laws. She contends that the school discriminated on the basis of disability because it contracted with a company that negligently hired special education instructors like Cuevas, failed to perform its own background checks on the instructors sent by that company, and did not adequately supervise those instructors. Doe also seeks to hold the school vicariously liable for Cuevas’s actions. The school moves to dismiss the Rehabilitation Act claim as well as most of the state law claims (the exception being Doe’s negligence claim). The Rehabilitation Act Claim To make a prima facie case of…