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S.M. v. Los Angeles Unified School Dist.

Absent extraordinary circumstances, evidence as to plaintiff's sexual history cannot be admitted in suit brought against LAUSD for negligent supervision of teacher who had sex with middle schooler.



Cite as

2015 DJDAR 11239

Published

Oct. 9, 2015

Filing Date

Oct. 7, 2015


Filed 10/7/15 Unmodified opinion attached

 

S.M., a Minor, etc.,

Plaintiff and Appellant,

v.

LOS ANGELES UNIFIED SCHOOL DISTRICT,

Defendant and Respondent.

 

 

No. B253983

(Los Angeles County

Super. Ct. No. BC477194)

California Courts of Appeal

Second Appellate District

Division Five

Filed October 7, 2015

 

ORDER MODIFYING OPINION

AND DENYING PETITION FOR

REHEARING

 

[NO CHANGE IN JUDGMENT]

 

 

THE COURT:

 

     It is ordered that the opinion filed herein on September 16, 2015, be modified as follows on page 16, line 8 to read: 

 

     Under the facts of this case, plaintiff was required to show only that Hermida had the potential to sexually abuse minors.

 

     Petition for Rehearing is denied.  No change in judgment.

 

 

KIRSCHNER, J.*                         

KRIEGLER, Acting P.J.

 

*    Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

 

 

#203631

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