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Personal Injury
Negligence
Sexual Abuse of a Minor

Jane Doe v. Los Gatos-Saratoga Union High School District, Willie Harmatz, Chioke Robinson, and Does 1 through 45, inclusive

Published: Dec. 9, 2022 | Result Date: Oct. 11, 2022 | Filing Date: Jan. 26, 2021 |

Case number: 21CV376542 Settlement –  $3,485,000

Court

Santa Clara County Superior Court


Attorneys

Plaintiff

Lauren A. Cerri
(Corsiglia, McMahon & Allard LLP)

B. Robert Allard
(Corsiglia, McMahon & Allard LLP)


Defendant

Eric J. Bengtson
(Davis, Bengtson & Young APLC)

Leila Nourani
(Jackson Lewis PC)

Douglas M. Egbert
(Webber Law Group PC)

Victor A. Bullock
( Wade Law Group APC)

Jacquelyn K. Wilson
(Samuelson, Wilson & Roe)

Charles R. Roe
(Samuelson, Wilson & Roe)


Facts

The Los Gatos Saratoga Union High School District is charged with supervising employees and students at Los Gatos High School (LGHS) in Northern California. Between 1998 and 2001, Chioke "Chee" Robinson coached the LGHS Girls' Sprinting and Running Team; Willie Harmatz was the Girls' Head Track Coach.
A woman now in her 30s, "Jane Doe," attended Los Gatos High School from 1998-2001. In November 1999, Doe's mother learned Robinson was sexually abusing her daughter and called the Los Gatos Monte Sereno Police Department, who launched an investigation. When police questioned Doe, she denied anything sexual had happened with Robinson "out of fear and intimidation."
The day after that, Doe met with LGHS principal Trudy McCollough and Harmatz, again denying the allegations of a sexual relationship. However, Harmatz had received a previous complaint about Robinson sexually abusing a female track star in 1998--he ignored that complaint, telling McCollough the new allegations against Robinson were false.
The district did send Robinson a letter advising him to use "common sense" but he was not disciplined. During the police investigation, a student told police she had witnessed Robinson sexually abusing Doe, while another student testified she told Harmatz that Robinson made her uncomfortable. However, the criminal case was dropped since Doe had denied the sexual abuse. And despite the criminal investigation, the school district took no action against Robinson until March 2001, when he was fired for "poor judgment."
He continued coaching but was arrested and charged with 19 counts of sexually assaulting four Los Gatos and Piedmont Hills high school girls, including Jane Doe, in November 2019. His criminal trial is pending.
In January 2021, Doe filed a civil suit against the Los Gatos Saratoga Union High School District, Harmatz, and Robinson, alleging sexual abuse of a minor and negligence of district employees.

Contentions

The Los Gatos Saratoga Union High School District is charged with supervising employees and students at Los Gatos High School (LGHS) in Northern California. Between 1998 and 2001, Chioke "Chee" Robinson coached the LGHS Girls' Sprinting and Running Team; Willie Harmatz was the Girls' Head Track Coach.
A woman now in her '30s, "Jane Doe," attended Los Gatos High School from 1998-2001. In November 1999, Doe's mother learned Robinson was sexually abusing her daughter and called the Los Gatos Monte Sereno Police Department, who launched an investigation. When police questioned Doe, she denied anything sexual had happened with Robinson "out of fear and intimidation."
The day after that, Doe met with LGHS principal Trudy McCollough and Harmatz, again denying the allegations of a sexual relationship. However, Harmatz had received a previous complaint about Robinson sexually abusing a female track star in 1998 - he ignored that complaint, telling McCollough the new allegations against Robinson were false.
The district did send Robinson a letter advising him to use "common sense" but he was not disciplined. During the police investigation, a student told police she had witnessed Robinson sexually abusing Doe, while another student testified she told Harmatz that Robinson made her uncomfortable. However, the criminal case was dropped since Doe had denied the sexual abuse. And despite the criminal investigation, the school district took no action against Robinson until March 2001, when he was fired for "poor judgment."
He continued coaching but was arrested and charged with 19 counts of sexually assaulting four Los Gatos and Piedmont Hills high school girls, including Jane Doe, in November 2019. His criminal trial is pending.
In January 2021, Doe filed a civil suit against the Los Gatos Saratoga Union High School District, Harmatz, and Robinson, alleging sexual abuse of a minor and negligence of district employees.

DEFENDANTS' CONTENTIONS: Defendants claimed that plaintiff's lawsuit was barred because she failed to properly comply with the Government Claims Act. Defendants also argued that California Assembly Bill 218 is unlawful, saying it violates the U.S. Constitution's due process provisions and represents a gift of public funds by allowing older sexual abuse cases to be brought even though the statute of limitations has expired.

Result

The Los Gatos-Saratoga School District paid $3.485 million to settle sexual abuse claims.


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