In the summer of 2016, the plaintiff, a 13-year-old middle school student at Mesa Middle School, was allegedly sexually assaulted by Justin Magdaleno, the Nipomo High School wrestling coach, while she was a seventh grader attending a summer wrestling camp at Nipomo High School, in Nipomo. The student claimed that Magdaleno similarly assaulted and harassed her in the summer of 2017, when she was 14, while again attending the summer wrestling camp at Nipomo High School. The student also claimed that she saw Magdaleno inappropriately touching other girls at the camp. Magdaleno ultimately agreed to resign as wrestling coach in October 2017. The middle school student sued Magdaleno and the Lucia Mar Unified School District, which operated the camp, operated Nipomo High School and employed Magdaleno. The student alleged that Magdaleno’s actions constituted sexual assault and sexual harassment in violation of California Civil Code § 51.9. She also alleged that the school district’s inaction constituted a breach of its mandatory duty, in that the school district was negligent in the hiring, supervision and retention of Magdaleno. Two other lawsuits were filed against Magdaleno and Lucia Mar Unified School District, alleging similar things. A motion was pending to consolidate the cases, but the matters resolved prior to being consolidated. Magdaleno was dismissed from the case, and the matter continued against the school district only. Plaintiff’s counsel contended that the high school and the school district both were aware of Magdaleno’s behavior, as members of the wrestling team in 2016 notified the school district about Magdaleno’s behavior, which included inappropriate comments and the touching of minor female students, prior to Magdaleno participating in the camp. However, counsel contended that the school district did nothing and failed to act until the fall of 2017, when other students came forward with allegations against Magdaleno. Magdaleno and representatives of the school district denied the plaintiff’s allegations. Magdaleno’s counsel contended that although the plaintiff made various allegations, none of them were proven and that discovery suggested that most of what the plaintiff said was either made up or grossly exaggerated. The school district’s counsel contended that the complaints to the school district in 2016 involved alleged verbal abuse and that the first complaints of sexual harassment came on Oct. 12, 2017. Counsel also contended that Magdaleno was given a formal letter of warning on Oct. 13, 2017, and that the school district began an investigation at that time. Counsel further contended that Magdaleno resigned from coaching on Oct. 18, 2017, and that Magdaleno was placed on administrative leave on that same date. In addition, counsel contended that Magdaleno remained on administrative leave during a Title IX investigation and that Magdaleno resigned from his position as a teacher on June 30, 2018. The school district’s counsel asserted that although the plaintiff alleged that Magdaleno sexually harassed and molested her, those allegations were disputed. Counsel also noted that the sheriff’s department investigated the claims, but never filed any charges., The middle school student claimed that she was sexually assaulted and harassed. She also claimed that she was harassed by other students as a result of the incidents and that she was denied participation in independent study. She alleged that as a result, she suffered from emotional distress. The plaintiff sought recovery of damages for her emotional pain and suffering.