In 2017, the plaintiff, a 14-year-old student, joined the Nipomo High School girls’ wrestling team. She claimed that after she joined the team her freshman year, she was sexually harassed, sexually battered and assaulted by Justin Magdaleno, the Nipomo High wrestling coach. She claimed Magdaleno continued to mistreat her up until the summer before her sophomore year. In October 2017, the 14-year-old student talked to the principal about Magdaleno’s alleged actions. Around the same time, two other students brought allegations against Magdaleno in regard to things he allegedly did in 2016, including inappropriate comments and physically touching minor female students. The 14-year-old student claimed Magdaleno retaliated against her for making the complaints. Magdaleno ultimately agreed to resign as wrestling coach in October 2017. The 14-year-old student sued Magdaleno, Nipomo High School and the Lucia Mar Unified School District. The student alleged that Magdaleno’s actions constituted sexual assault, sexual battery and sexual harassment in violation of California Civil Code § 51.9. She also alleged that the inaction of the school and school district constituted a breach of their mandatory duty, in that the school and school district were 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 and school district. The plaintiff claimed that Magdaleno told her that they would be demonstrating wrestling moves, but that, instead, he left her with bruises and in pain. She also claimed that after complaints were brought to the principal, Magdaleno retaliated by encouraging other students to harass her and the other girls that complained about him. Plaintiff’s counsel contended that the school district and school were both aware of Magdaleno’s behavior prior to the plaintiff’s participation in the girls’ wrestling program at the school, but that neither the school district nor school did anything until the fall of 2017, when 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 14-year-old student claimed that she was sexually assaulted, sexually battered and harassed. She also claimed that she was harassed by other students as a result of the incidents. She alleged that as a result, she suffered from emotional distress. The plaintiff sought recovery of damages for her emotional pain and suffering.