J.P., a minor, by and through her father, R.P. v. Archdiocese of Los Angeles, The Holy Family Grade School, Reverend James Michael Bevacqua, Fidela Suelto, Katharine Monahan Huntley, Ashley Walden, and Does 1 to 100, inclusive
Published: Jan. 28, 2017 | Result Date: Dec. 19, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC602072 Demurrer – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Charles T. Marshall
(Law Office of Charles T. Marshall)
Defendant
Michael S. Vasin
(Sullivan Ballog & Williams LLP)
Kyle R. Dinicola
(Haight, Brown & Bonesteel LLP)
Brian L. Williams
(Greenberg Gross LLP)
Facts
Minor plaintiff sued the Archdiocese of Los Angeles, The Holy Family Grade School, Reverend James Bevacqua, Principal Fidela Suelto, Vice Principal Katharine Huntley, and Ashley Walden, in connection with the minor's expulsion from the school.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff attended Holy Family Grade School from kindergarten until she was expelled in 2015 during her final semester of the 8th grade. Plaintiff maintained that she had been an excellent student throughout her studies and that she behaved exceptionally. Her success, however, generated jealousy and she became a victim of bullying. On Feb. 13, 2015, plaintiff cried to her teacher, defendant Ashley Walden, regarding false rumors accusing plaintiff of having sex with boys, which plaintiff vehemently denied. The Principal investigated the matter and later confronted plaintiff's parents with an alleged incident that occurred on campus and ultimately decided to expel plaintiff for misconduct immediately. Plaintiff filed suit, alleging that the Principal's investigation was inadequate and that her termination was unwarranted. Plaintiff also contended that the procedures were not followed. Plaintiff asserted causes of action for breach of contract; breach of implied covenant of good faith and fair dealing; defamation of character; negligence; negligent infliction of emotional distress; and intentional infliction of emotional distress.
DEFENDANTS' CONTENTIONS:
Defendants demurred, challenging the sufficiency of plaintiff's allegations. Defendants contended that plaintiff failed to assert a cause of action. Defendants further contended that the rumors were based on eyewitness accounts of her sexual activities in the boys' restroom and at other various events. Overall, defendants maintained that plaintiff's expulsion was warranted.
Result
The court sustained defendants' demurrer.
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