Dawn Dallmeyer, a minor and Kristy Rodseth v Regents of the University of California, Jeffrey Bettman
Published: Mar. 2, 2002 | Result Date: Nov. 28, 2001 | Filing Date: Jan. 1, 1900 |Case number: SBSC1035675 – $0
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Clark T. Stirling
(Nye, Stirling, Hale & Miller LLP)
Experts
Plaintiff
Anna Kokotovic
(medical)
Cecilia Rodriguez
(medical)
Facts
The plaintiffs were members of The University of California at Santa Barbara Spirals, a girlsÆ gymnastic team
which competes nationwide in gymnastics. The defendant, an employee of the University of California was the
SpiralsÆ team coach. In 1995, he took the plaintiff, a minor, and another female gymnast to Los Angeles to
have their floor exercises choreographed, a two day process.
Defendant Bettman was the sole chaperon of this weekend out of town trip. At the end of the first day, they
checked into a hotel with the girls in one room and the defendant in another. The three of them went to the
hotelÆs Jacuzzi, located in the center patio of the hotel and surrounded by rooms on all four sides.
Plaintiff Dallmeyer testified that while in the Jacuzzi, the defendant intentionally touched her private parts
outside her swimsuit under the bubbling water for one to one and a half seconds.
The defendant testified that the three of them were engaged in some horseplay while in the Jacuzzi, but that he
did not knowingly touch the plaintiff and, furthermore, that the plaintiff never gave any indication that she had
been touched inappropriately. The second girl in the Jacuzzi supported the defendantÆs testimony.
Plaintiff Rodseth testified that while she was asleep in the passenger seat of the defendantÆs car on a return trip
from Los Angeles with three other gymnasts, the defendant reached across and touched her twice in the crotch
area outside her clothes for one to two seconds each time. The defendant denied this.
The Regents department director and head supervisor admitted they were not in strict
compliance with a technical aspect of the CaliforniaÆs Child Abuse and Neglect Reporting Act, as
codified in Penal Code Section 11166 and 11166.5, but that they did regularly report suspected
acts of child abuse.
Settlement Discussions
At the mandatory settlement conference, the plaintiffs demanded $8 million, but indicated they would settle for just under $1 million. The defendants offered to waive costs at the settlement conference. The defendant Regents of the University made a statutory offer of $35,000 to the plaintiff Dalmeyer and $10,000 to the plaintiff Rodseth, both offers being contingent on a dismissal of the entire suit. Defendant Bettman offered a waiver of costs. The offer was not accepted.
Other Information
PLEASE PROVIDE THE CITY OF LOCALE OF EXPERTS CECILIA RODRIGUEZ _____________, ANNA KOKOTOVIC __________
Deliberation
12 minutes
Poll
12-0 (for all defendants on all counts)
Length
12 days
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