Case details

School’s janitor sexually abused student, lawsuit alleged

SUMMARY

$2030559.95

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 2008, the plaintiff, a 15-year-old student, was allegedly manipulated into having sexual relations with Enrique Flores, a janitor at Moorpark High School, in Moorpark. As a result of the alleged child sexual abuse, the student became pregnant, and she had a child. The student sued Flores; the operator of the high school, Moorpark Unified School District; the high school’s principal, Carrie Pentis; and Flores’ friend, who was also an employee at the high school, Victor Cruz. The student alleged that Flores’ actions constituted child abuse and statutory rape; that Cruz and Pentis knew about Flores’ actions, but failed to report it; and that Pentis and the school district were negligent in their supervision of Flores and the student. Initially, when filing a lawsuit, victims of child abuse had to file a tort claim within six months of the abuse, but the plaintiff was a child and did not do that. However, in January 2009, the law changed, and no tort claims had to be filed for child abuse, but the amended law only applied to cases that occurred from January 2009 and beyond. The law then changed again in January 2020, and no tort claim had to be filed for child abuse, and survivors had until they were 40 years old to bring their claims, and the claim would be revived. As a result, the 15-year-old student filed her case in 2018. Plaintiff’s counsel contended that Flores manipulated the plaintiff into having sexual relations with him and that Flores would take the plaintiff off campus to have sex with her and then bring her back to campus. Counsel also contended that Cruz knew about Flores’ actions and that Pentis found out about Flores’ actions when Pentis learned that the plaintiff was pregnant, but Pentis allegedly said, “I don’t want to know about that,” or words to that effect. Plaintiff’s counsel asserted that school district employees are mandated reporters of child abuse and that Pentis and Cruz allegedly knew of the abuse, but failed to report it. Pentis, Cruz and the school district were ultimately dismissed from the case based on the prior version of the law. Flores was criminally prosecuted for the abuse against the plaintiff, and he did not appear for civil hearings and was not represented by an attorney., The 15-year-old student claimed that she was sexually abused and that since she was underage, Flores’ actions constituted statutory rape. She also claimed that she struggled with navigating her pregnancy in high school and that she is still struggling financially and emotionally. The plaintiff received her high school diploma. However, she was not allowed to walk during graduation, despite the school knowing that the reason why she was behind on credits and had to complete summer school was because of her struggles with the incidents. The plaintiff claimed that she had to undergo therapy as a result of her emotional distress and that she wants to continue undergoing therapy. The plaintiff sought recovery for her future medical costs and for her emotional pain and suffering.
COURT
Superior Court of Ventura County, Ventura, CA

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