Facts

In September 2006, the plaintiff, 15, started her freshman year at Ocean View High School (OVHS). The plaintiff was registered with an Individualized Education Program (IEP) that was put on file. The disability noted was "emotional disturbance." The plaintiff's medical history of depression and bipolar disorder were disclosed in connection with enrolling plaintiff as an IEP student at OVHS and was classified as a special education student.

During her first semester, the plaintiff enrolled in general education classes, had an elective course in symphony band, exhibited enthusiasm, and received above average grades.

After the winter break, the plaintiff was informed that she had made the "Drum Line Team." The plaintiff came into contact with defendant, Kristopher C. Maw, as he was an assistant instructor for the Drum Line Team. Maw began to foster an inappropriate relationship with plaintiff, by engaging in pre-sexual grooming, sending text messages, and taking advantage of the late practice hours and offsite activities, and by providing plaintiff rides in his car.

In February 2007, Maw began giving plaintiff rides home from band practices and events. The plaintiff was brought home at late hours of the night. The program director and other employees of the Huntington Beach Union High School District (HBUHSD) knew that Maw was providing transportation to plaintiff in his own personal vehicle.

In April 2007, the plaintiff began to exhibit difficulties, academically, emotionally, and behaviorally. Her grades were falling and she was making repeated trips to the school nurse's office with complaints of headaches. Also in April 2007, the plaintiff disclosed her involvement with an older man to OVHS's staff psychologist. He informed plaintiff that such a relationship was inappropriate and that if he learned of further information, he would report it. He did not investigate or report the incident.

In May 2007, the plaintiff had counseling with the Department of Health Services wherein plaintiff disclosed that she was involved with an older man. The plaintiff disclosed to the department counselor that she had told the staff psychologist about this relationship.

Upon learning of the alleged involvement of her daughter with an older man, plaintiff's mother suspected that it may be Maw, since she had seen a text message from him on plaintiff's cellular phone, had been informed that the older male with whom plaintiff was involved apparently liked music, and knew that Maw had given plaintiff rides home from practices.

On or about May 7, 2007, plaintiff's mother met with school administrators. Plaintiff's mother explained her suspicion about Maw being the older man her daughter was reportedly involved with, and the basis for it, inclusive of but not limited to the rides plaintiff received from Maw, and the often late hours such rides were given. The vice-principal represented that OVHS' principal had been notified and had spoken to the program director and also represented that she would make sure that no rides were given to students by any school staff. She indicated that she would investigate the matter as well. A few days later, plaintiff's mother asked the vice principal about the results of the school's investigation, and the vice principal stated that she and the principal had arrived at the conclusion that, if anything, all that existed as between plaintiff and Maw was an innocent crush by plaintiff on her instructor.

On May 13, 2007, the plaintiff's mother discovered a cellular phone, which had been provided to plaintiff by Maw. In the cellular phone's data log were various text messages between plaintiff and Maw, inclusive of messages containing content/pictures of a sexually graphic nature.

The police were notified that same day, and by May 15, 2007, Maw was under arrest for charges involving sexual acts with a minor.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendants were negligent in their supervision of their employees and in enforcing their own policies.

DEFENDANT'S CONTENTIONS:
The defendants denied liability claiming that it was not responsible for the criminal unforeseeable acts of its employees.

Injuries

The plaintiff suffered emotional distress.

Result

The case settled for $700,000 before Michael Moorhead at Judicate West ($20,000 payable every six months starting at age 18 for five years; $1,925 every month beginning at age 23 guaranteed for 43 years and life; $50,000 at age 25; $75,000 at age 30; total guaranteed payout of $1,317,000; expected payout of $1,870,000, plus residual cash and attorney fees.

Other Information

FILING DATE: Dec. 24, 2007.