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Personal Injury
School Incident
Failure to Provide Adequate Supervision of Students

EG, a minor, by and through Guardian Ad Litem, CM v. Los Angeles Unified School District, and Does 1 through 50, inclusive

Published: Dec. 24, 2016 | Result Date: Nov. 17, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC607591 Demurrer –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

David Romley
(Law Offices of David Romley)


Defendant

Alyssa K. Chrystal
(Vanderford & Ruiz LLP)

Rodolfo F. Ruiz
(Vanderford & Ruiz LLP)


Facts

Minor plaintiff sued the Los Angeles Unified School District, in connection with an incident that allegedly occurred on school campus.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff was a student in middle school, while on campus plaintiff was brutally attacked by other students without provocation. Plaintiff was injured and sued defendant for negligence. The students who attacked plaintiff allegedly had prior incidents of similar attacks and that defendant knew of their violent propensities. However, defendant did nothing to prevent the attack, making it liable.

DEFENDANT'S CONTENTIONS:
Defendant demurred, for failing to make a claims presentation. Defendant also challenged the sufficiency of plaintiff's allegations.

Result

The court sustained the demurrer with leave to amend.


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