Courtney Knapp v. Los Angeles Unified School District, Palisades Charter High School, Ronald Cummings
Published: Sep. 3, 2005 | Result Date: Jul. 30, 2005 | Filing Date: Jan. 1, 1900 |Case number: SC081985 – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Facts
In February 2004, the plaintiff, 13, visited Palisades Charter High School (PCHS) to decide if she wanted to
attend. She sat in on a European Advanced Placement class taught by the defendant Ronald Cummings. She
alleged he made certain sexually improper comments and filed suit against him, PCHS, and the Los Angeles
Unified School District (LAUSD). She did not submit her claim to either the LAUSD Board of Directors or the
PCHS Board of Directors. The defendants filed for summary judgment on the grounds that the plaintiff never
properly served a Governmental Torts Claims Act claim with either LAUSD or PCHS and that the failure to
file a claim against them prevented the action from proceeding against any of the defendants.
Settlement Discussions
The plaintiff demanded $100,000 at mediation. The defendants made no offer at mediation. Prior to filing their Motion for Summary Judgment, LAUSD and PCHS sent C.C.P. Section 998 offers for a waiver of fees and costs in exchange for a dismissal with prejudice. Cummings served a C.C.P. Section 998 offer of $5,000. The plaintiff did not respond and the offers expired.
Result
The Court found that no tort claim was served on the defendants as required by the Governmental Torts Claims Act, and granted the defendants' summary judgment motion.
Other Information
The defendants have submitted a Cost Bill in the amount of $7,400.
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